High Court of South Africa South Gauteng, Johannesburg - 2017

48 judgments
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48 judgments
Citation
Judgment date
December 2017
15 December 2017
15 December 2017
8 December 2017
1 December 2017
November 2017
28 November 2017
20 November 2017
17 November 2017
7 November 2017
3 November 2017
October 2017
24 October 2017
17 October 2017
12 October 2017
11 October 2017

Interlocutory application: (a) Discovery, inspection and
production of documents – to compel production of documents requested under rule 35(3) of the Uniform Rules of Court - a probability has not been shown to exist that defendant is either mistaken or false in his assertion of irrelevance or in his assertion that certain documents no longer in his possession and their whereabouts unknown to him.

(b) Further particulars - to compel the furnishing of adequate further particulars requested under rule 21 - particulars requested not strictly necessary to prepare for trial. Application dismissed.
Interlocutory counter-application: Discovery, inspection and production of documents – to compel production of documents requested under rule 35(3) of the Uniform Rules of Court - a probability has not been shown to exist that plaintiffs either mistaken or false in their assertion of irrelevance. Evidence – Privilege – Legal professional privilege – Rule that document once privileged always privileged part of our law – Privilege extends to consultation notes by plaintiffs’ attorneys made during consultation with witness in preparation for hearing of unrelated legal proceedings - consultation notes remain subject to privilege and plaintiffs not obliged to disclose them. Counter-application dismissed.
 

10 October 2017

Principal and agent – Claim by estate agent – whether buyer
had given mandate to estate agent – whether estate agent who introduces buyer to a property and to the seller, where sale is concluded directly between buyer and seller, is effective cause of the sale and entitled to commission – whether estate agent entitled to the standard or prevailing rate of commission.
 

10 October 2017
September 2017
29 September 2017
29 September 2017
29 September 2017
29 September 2017
22 September 2017
22 September 2017

 

An accident between a vehicle and a motorcycle at an intersection,
(T junction). The insured driver was negligent by failing to keep a proper look out and undertook an inherently dangerous move without sufficient care. The Court found that the action of the insured driver was the sole cause of the collision as a result of which the Plaintiff sustained his injuries

22 September 2017
20 September 2017
18 September 2017
15 September 2017

Customs and Excise. Review of determination made by Commissioner.
Such distinct from appeal procedure provided for in Customs and Excise Act, the latter which does not oust a common law review. Condonation for the late filing of a review granted when not opposed on any factual basis.
Review of decision or determination subject to ordinary principles of review.
In order to rely on the ground that the decision maker failed to furnish any or inadequate reasons an aggrieved person should utilise the provisions of s 5(1) of PAJA, unless 5(5)(6) applies and the automatic furnishing or reasons is applicable.

12 September 2017
12 September 2017
8 September 2017
7 September 2017
7 September 2017
August 2017
29 August 2017
16 August 2017
11 August 2017
July 2017
17 July 2017
June 2017
29 June 2017
28 June 2017
7 June 2017
May 2017
25 May 2017
24 May 2017
12 May 2017
12 May 2017
5 May 2017
April 2017

Contract – Remedies on breach – Cancellation on account of
malperformance.
Burden of proof - in accordance with the general rule, he or she who asserts must prove, onus of proving cancellation ‘unlawful’ on party asserting it, in this instance the plaintiff – it is only if cancellation is unlawful that, in casu, it can amount to a repudiation of the agreement.
Breach by independent service provider of service level agreement so serious as to justify cancellation by innocent party.

19 April 2017
March 2017
31 March 2017
31 March 2017
31 March 2017
27 March 2017

Contract – composite agreement providing for sale of land and the construction of a dwelling house in a residential development – whether underlying agreement for the sale of land and transfer of ownership valid – whether building part of the agreement valid and enforceable – whether composite agreement validly cancelled. Appeal dismissed with costs.

24 March 2017