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Citation
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Judgment date
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| March 2025 |
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Non-compliance with s129(1)(a) is not a bona fide defence; registration certificate need not be annexed to pleadings.
National Credit Act s129 — non-compliance not a bona fide defence for summary judgment; registration certificate need not be annexed to pleadings; proof of delivery by track-and-trace and manager’s certificate prima facie establish compliance and indebtedness; bare denials do not defeat summary judgment.
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19 March 2025 |
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Leave to appeal refused: applicant failed to show reasonable prospects of success on conviction or sentence.
Criminal procedure – leave to appeal – section 17 Superior Courts Act – applicant must show a reasonable prospect of success, not mere possibility. Criminal law – conviction on murder with direct intent – trial court's factual findings and witness credibility; appellate prospects. Sentencing – prescribed minimum sentences (Part 2 Schedule 2) – Malgas principles; substantial and compelling circumstances required to deviate. Sentencing – pre-trial custody: not alone sufficient as substantial and compelling circumstance. Sentencing – primary caregiver and best interests of children: factual inquiry; not automatically mitigating. Domestic-relationship murders – legislative severity and sentencing consequences (Part 1 v Part 2 distinction).
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17 March 2025 |
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Seizure upheld where the applicant failed to rebut the statutory presumption that excise duty on the specific cigarettes was unpaid.
Customs & Excise — seizure of goods under s87 and s88 — s102(1) documentary requirements and s102(4) presumption that duty unpaid — onus on seller/distributor to prove duty paid — procedural fairness of seizure process under PAJA.
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13 March 2025 |
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Biowatch cost protection applies only to genuine constitutional challenges, not employment suspension disputes or frivolous litigation.
Costs in constitutional litigation – Biowatch principle applies only to genuine, non-frivolous constitutional challenges and excludes vexatious/frivolous litigation or litigant misconduct. Employment law v administrative action – precautionary suspension of public employee ordinarily not administrative action (Chirwa; Gcaba). Mootness/practical effect – withdrawal of suspension negates practical effect of challenge.
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13 March 2025 |
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Application for payment stayed due to lis pendens pending final adjudication of review on legality of contract award.
Administrative law – review of administrative decision – legality of contract award and extensions – lis pendens – stay of proceedings pending final adjudication of review and transfer under s 27(1)(a) Superior Courts Act – procedural effect of lack of jurisdiction/removal from roll not constituting final outcome.
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12 March 2025 |
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A municipal council's decision to terminate an acting manager is administrative; PAJA time limits bar an eight-month-late review.
Local government – Appointment and termination of municipal managers or acting managers – Such decisions constitute 'administrative action' under PAJA – Review proceedings must comply with s7(1)’s time limits – Delay (eight months) without condonation fatal to review – Non-joinder and agenda irregularities unnecessary to decide once PAJA non-compliance established.
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12 March 2025 |
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Whether plaintiff proved total loss of earnings despite limited collateral evidence and appropriate contingencies.
Damages – motor vehicle collision – proof of past and future loss of earnings despite incomplete payslips; actuarial computation accepted; contingency deductions applied (5% past, 20% future); actuarial update ordered; costs for specified experts and counsel on scale B.
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11 March 2025 |
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Summary judgment refused where defendant raised bona fide, triable defences alleging delivery of defective goods and reciprocal obligations.
Summary judgment — amendment of plea and supplementation — leave to file supplementary affidavit; Rule 32 compliance and condonation; bona fide defence requirement — full disclosure of nature, grounds and material facts; tacit/implied terms and reciprocity of obligations despite non‑variation clauses; defective goods and alleged breach of consignment agreement as triable issues.
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11 March 2025 |
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Applicant failed to show prima facie right or irreparable harm to interdict liquidators; urgent application dismissed with costs.
Companies Act – removal of liquidator (s379) – Master’s administrative decision – interpretation and effect of interim suspension – interlocutory interdict requirements (prima facie/right, irreparable harm, balance of convenience) – subpoenas for insolvency enquiry – urgency (rule 6(12)).
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11 March 2025 |
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Whether the respondent negligently failed to warn of a stalled vehicle causing the applicant’s rear-end collision.
Road traffic – rear-end collision with a stalled vehicle – duty to warn following drivers of a stationary obstruction – evidential value of dash-cam footage and post-accident statements – credibility assessment and sole causation leading to 100% liability; counterclaim dismissed.
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10 March 2025 |
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Application for leave to appeal – Spoliation Order – The application for leave to appeal, dismissed, with costs, counsel`s fees on scale B
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7 March 2025 |
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Spoliation cannot restore possession once a bona fide third party holds the property; vindicatory proceedings are required.
Spoliation (mandament van spolie) – Inapplicability where disputed property is held by a bona fide third-party possessor – Remedy is rei vindicatio, not mandament. Poundmaster/impoundment – bona fide receipt from state actors bars spoliation relief. Defence of impossibility/restoration to original possessor when possession passed bona fide.
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7 March 2025 |
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Leave to appeal refused where municipality conceded serious financial breaches of its constitutional duties and appeal lacked prospects.
Municipal constitutional duties (s152, s153) — Municipal financial crisis and failure to provide basic services — Provincial intervention duties (s139) — Superior Courts Act s17 leave to appeal — Novel arguments raised in leave application inadmissible — Declaratory relief not requiring Constitutional Court confirmation (s172(2)).
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7 March 2025 |
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Plaintiff proved loss of future earnings from a motor collision; RAF ordered to pay 85% with a 25% contingency deduction.
Road Accident Fund — loss of earnings; proof that diminished earning capacity causes patrimonial loss; quantification of future loss and contingency deduction; apportionment and 85% liability; section 17(4)(a) undertaking for future medical costs; separation of past medical expenses and general damages; costs and interest.
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7 March 2025 |
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6 March 2025 |
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Road Accident Fund held 80% liable for damages in pedestrian injury case, with awarded general and future medical costs.
Motor vehicle accident – Road Accident Fund liability – General damages assessed for pain, suffering, and future medical costs – Loss of earning capacity calculated accounting for physical impairments.
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6 March 2025 |
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The appeal against the convictions and sentence is upheld. The order of the court a quo is set aside and substituted with the following : "Accused 1 is acquitted on all counts and discharged."
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6 March 2025 |
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6 March 2025 |
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Appeal dismissed; trial court credibility findings and corroborative circumstantial evidence upheld.
Criminal law – Appeal against convictions – evaluation of credibility and deference to trial court; circumstantial evidence and corroboration of single witness by cellphone records and recovered firearm; admissibility and weight of warning statements (admissions).
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6 March 2025 |
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Leave to appeal costs refused; leave to cross-appeal granted on whether an FFC issued without a clean audit is valid.
Civil procedure – leave to appeal – Superior Courts Act s17(1) – requirement of reasonable prospects of success; Costs – discretionary award of costs by trial court – appeal against costs limited to misdirection or gross error; Legal practice – Fidelity Fund Certificate (FFC) – validity of FFC issued without an unqualified (clean) audit; Effect of subsequent qualified audit on retrospective validity of FFC; Public and professional importance of discrete legal question warranting cross-appeal.
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6 March 2025 |
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The applicants' Rule 21 demand for extensive particulars was dismissed; the respondent’s replies were adequate and issues are evidentiary.
Civil procedure – Rule 21 – Further particulars – Only particulars "strictly necessary" to prepare for trial may be compelled; evidentiary matters and document production are for trial or Rule 35. National Credit Act – relevance of affordability assessments, s 129/130 notices and reckless-lending (s 80) allegations may be litigated at trial as matters of evidence. Abuse of particulars requests – cannot be used to obtain admissions or substitute for discovery.
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5 March 2025 |
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4 March 2025 |
| February 2025 |
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Summary judgment granted as respondents failed to disclose a bona fide defense or raise a triable issue.
Summary Judgment; Mortgage Loan Agreement; Bona Fide Defence; Lis Pendens; Evidence in Summary Judgment.
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28 February 2025 |
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Conviction and sentence for rape set aside due to inconsistencies and lack of credibility in the state's case.
Criminal Law – rape conviction – credibility of single child witness – intellectual disability – inconsistencies in testimony – lack of medical evidence.
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28 February 2025 |
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Court affirms bank's ownership of assets and entitlement to sale proceeds and rental income post-liquidation.
Insolvency Law - asset ownership post-liquidation - terminated agreements - entitlements to sale proceeds and rental income.
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28 February 2025 |
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Summary judgment granted against first defendant; second defendant allowed to defend suretyship liability claims.
Summary judgment - overdraft facility - prescription of debt - affidavit compliance with regulations - suretyship liability - liquid document attachment.
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27 February 2025 |
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Court rejects voluntary surrender of estates, emphasizing insufficient creditor advantage and procedural abuses.
Insolvency Law – Voluntary surrender of estates – Requirements not satisfied to demonstrate advantage to creditors – National Credit Act relief and its inadequacy in the process – Patterns in legal practice affecting bona fides and creditor benefits.
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27 February 2025 |
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Leave to appeal refused where no exceptional circumstances justified further affidavits and the appeal lacked reasonable prospects.
Civil procedure – leave to appeal – s 17 Superior Courts Act – test requires reasonable prospects that appeal would succeed; Uniform Rules of Court r 6(5)(e) – further affidavits require exceptional circumstances; multiplicity of actions and prejudice justify refusal; procedural non-compliance with requirement to set out concise grounds of appeal; costs – Biowatch principle inapplicable to private contractual disputes; successful respondents awarded costs including two counsel on scale B.
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27 February 2025 |
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Court rescinds forfeiture order due to irregular service and mishandling of opposition affidavit by State Attorney.
Civil Procedure – Rule 42 – rescission of forfeiture order – erroneous judgment – service of preservation order.
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27 February 2025 |
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Court denied urgent interdict to block pension release pending maintenance decision due to insufficient jurisdictional factors.
Family law – Maintenance – Interdict against pension fund payout – Urgency and necessity for interdictory relief when maintenance unresolved.
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27 February 2025 |
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The defendants’ exception was dismissed: the plaintiffs’ particulars sufficiently disclosed a cause of action and were not prejudicially vague.
Company law; exceptions — Rule 23; pleadings — vagueness and embarrassment; pactum de non cedendo and cession; pre‑incorporation contracts (s 21 Companies Act); alleged personal liability of directors (ss 76, 218).
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27 February 2025 |
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Application to change minor children's primary residence dismissed; outdated evidence rejected, family advocate's report favored.
Family Law – Variation of custody orders – Allegations of parental alienation – Reliance on outdated psychological reports – Importance of the family advocate’s report in assessing children’s best interests.
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26 February 2025 |
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25 February 2025 |
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Court awards R2.4 million to a plaintiff for loss of earnings and general damages after a car accident.
Personal injury - road accident - loss of earnings and general damages - application of contingencies in compensation claims
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21 February 2025 |
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An objection hearing under COIDA is reviewable where new evidence and changed grounds are introduced without notice, violating s 33 and s 34.
Administrative law – COIDA s 91 objection hearings – procedural fairness; introduction of new evidence and change of grounds without notice; trial by ambush; violation of Constitution s 33 (just administrative action) and s 34 (access to fair hearing); review remedy and remittance for re-hearing; condonation for late review application.
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21 February 2025 |
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Interim interdict granted preventing respondent disconnecting electricity pending review due to likely irreparable harm to applicant.
Administrative law – interim interdict pending review – electricity supplier’s proposed disconnection after disputed audit/back‑billing – urgency and self‑created urgency – exhaustion of internal remedies and PAJA s 7(2) – requirements for interim interdict (prima facie right, irreparable harm, balance of convenience, no alternative remedy) – constitutional considerations (access to courts, property rights).
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21 February 2025 |
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Application for condonation dismissed due to inadequate explanation and lack of good prospects for success.
Condonation application – rescission of taxation allocatur – reasonable explanation for delay – bona fide defence – improperly commissioned affidavit
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21 February 2025 |
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Court awards damages for proven past and future loss of income due to plaintiff's impaired earning capacity post-accident.
Personal Injury – Road Accident Fund – Damages for past and future loss of income – Contingency deductions – Expert witness evidence.
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21 February 2025 |
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Interlinked tripartite contracts meant the manufacturing agreement and exemption clauses applied; respondent failed to prove breach.
• Contract law – tripartite transactions – interdependent yet distinct manufacturing, sale and finance agreements; interpretation as a composite transaction. • Contract terms – incorporation of manufacturer’s standard terms and exemption clauses into the manufacturing agreement between manufacturer and purchaser despite sale to financier. • Breach/fitness for purpose – compliance with agreed specifications does not constitute breach merely because performance issues later arise. • Duty to advise – negligent advisory duty not pleaded or proved; exemption clause operative. • Pleadings vs evidence – court must determine the real nature of the dispute on the evidence, not be confined to labels in pleadings.
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21 February 2025 |
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Claims to set aside insolvent transactions are remedial, not automatic debts, so security for costs was refused.
Insolvency Act – Sections 26, 31 and 32 – claims to set aside dispositions – characterization for prescription purposes. Prescription – whether a remedy to set aside transactions constitutes a "debt" under the Prescription Act. Security for costs – exceptional circumstances and abuse of process considerations. Procedure – discovery of identity of recipients may delay prescription.
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20 February 2025 |
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The court awarded damages to the plaintiff for injuries and loss of earnings due to a motor vehicle accident.
Personal injury - damages - RAF liability - future loss of earnings - SASSA disability grant deduction issue
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20 February 2025 |
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The conviction based on inconsistent single witness testimony is overturned due to credible consensual defense evidence.
Criminal Law – Appeal against conviction and sentence – Single witness evidence – Consensual sex defense in rape accusation – Application of cautionary rule.
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18 February 2025 |
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Appeal dismissed due to failure to raise NCA issues in initial proceedings.
Credit law – National Credit Act – Alleged unlawfulness of credit agreements and notarial bonds – Grounds for appeal dismissed due to procedural deficiencies.
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18 February 2025 |
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A court may set aside an order made by a court lacking jurisdiction and transfer the proceedings to the proper Division.
Superior Courts Act s27 – transfer of proceedings to appropriate Division; jurisdictional competence – status of orders made without jurisdiction (nullity v binding until set aside); rescission of orders made by a court lacking jurisdiction; procedural relief and costs where transfer ordered.
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17 February 2025 |
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Determination of appropriate contingency deductions for future loss of earnings due to injury in a road accident case.
Road Accident Fund – Damages – Future loss of earnings – Contingency deductions for future earnings – Plaintiff's employability post-accident.
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17 February 2025 |
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Whether the plaintiff proved a prima facie customary marriage to defeat an absolution-from-the-instance application.
Family law – Customary marriage – Requirement under s 3(1) of the Recognition of Customary Marriages Act – proof of lobola negotiations, ceremonies and family meetings as elements to establish a customary marriage. Civil procedure – Absolution from the instance – Test in Claude Neon Lights and Gordon Lloyd – necessity of a prima facie case to survive absolution; credibility not assessed at this stage. Evidence – Role of documentary material (lobola negotiation letter) and witness testimony in establishing a prima facie case in customary-marriage disputes.
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17 February 2025 |
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The court dismissed an exception to a claim, finding it sufficiently clear to allow pleadings to proceed.
Exception to particulars of claim; National Credit Act compliance; Life Insurance Policy cession invalidity; Rule 23 Uniform Rules of Court.
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17 February 2025 |
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The Road Accident Fund was found fully liable for a rear-end collision, rejecting defenses of contributory negligence.
Road Accident Fund - liability for damages from rear-end collision - negligence of the insured driver affirmed.
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14 February 2025 |
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The court set aside a summary judgment, recognizing the trust's bona fide defense of an amended lease agreement.
Civil procedure - Summary judgment - Bona fide defenses - Lease agreement variation - Trial required to resolve factual disputes.
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14 February 2025 |
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Court addresses locus standi and vagueness in a medical negligence claim concerning treatment of a now-major daughter.
Civil procedure – locus standi – exception based on lack of standing. Medical negligence – sufficiency of pleadings – vagueness and embarrassment.
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13 February 2025 |