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Citation
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Judgment date
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| September 2019 |
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Court set aside prior 21 August 2019 order and ordered the First Respondent to pay application costs, including two counsel.
Judicial review / setting aside of prior court order; costs — order that First Respondent pays costs of application, including two counsel.
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27 September 2019 |
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A consent order displaced the prior arbitration award; ex parte attachment founded on the award was set aside.
International Arbitration Act – recognition and enforcement of foreign arbitral awards; effect of deed of settlement made an order of court; interpretation of consent-order clause (no clawback); foreign counsel opinion cannot displace a domestic court judgment; ex parte attachment to found jurisdiction invalid where no extant award.
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4 September 2019 |
| August 2019 |
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Court authorised urgent ex parte attachment of foreign state’s aircraft to secure enforcement of an international arbitral award.
International arbitration enforcement – attachment of sovereign-owned aircraft – ex parte urgent relief under Uniform Rule 6(12) – edictal citation via diplomatic channels – security for release equal to award amount – interdiction of airport/air traffic authorities from granting departure clearance.
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21 August 2019 |
| May 2019 |
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Reported
A widely shared tweet alleging corruption and nepotism was defamatory; defences failed and removal, retraction, injunction and R500,000 awarded.
Defamation; social media publication; per se defamatory statements; truth, reasonable publication and fair-comment defences; extension of Bogoshi principles to social media publishers; duty to verify anonymous allegations; removal, retraction, injunction, damages and punitive costs.
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30 May 2019 |
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23 May 2019 |
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A fraud claim relying on unspecified 'generally accepted accounting practice' is vague, prejudicial, and may be struck.
Civil procedure – exception – vagueness and embarrassment; accounting law – pleading non‑compliance with 'generally accepted accounting practice' requires identification of the specific standard or principle alleged to have been breached; SA GAAP withdrawn and APB wound up – absence of particularised reliance on 'little gaap' or IFRS practice fatal to fraud pleading; Trope two‑fold test applied.
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21 May 2019 |
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Reported
A judge’s LPC membership and an amicus association do not, without more, justify recusal for apprehended bias.
Judicial recusal – apprehended bias – objective test and presumption of impartiality; onus on applicant; disclosure by judge; amicus curiae – role and limits; standing of an invited amicus to apply for recusal; mere association insufficient to warrant recusal.
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17 May 2019 |
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An interlocutory Rule 60A(2)(c) order is not appealable; appellant’s vexatious and dishonest conduct attracts punitive costs and Bar referral.
Appealability — finality of judgment — attributes of a judgment (Zweni) — interlocutory order under Magistrates’ Court Rule 60A(2)(c) not appealable; professional conduct — vexatious enrolments, unserved taxation and false statements — costs on attorney-and-client scale; referral to Bar Council for fitness to practise.
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16 May 2019 |
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15 May 2019 |
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15 May 2019 |
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Amendment allowed: alternative negligence particulars within same cause of action; statutory notice and prescription objections fail.
Interlocutory application to amend particulars — Rule 28(4) — alternative averments of negligence within same Aquilian cause of action — not a new cause of action — Institution of Legal Proceedings Against Certain Organs of State Act 40/2002 notice and prescription objections misplaced — prejudice remedied by costs.
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14 May 2019 |
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14 May 2019 |
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9 May 2019 |
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9 May 2019 |
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7 May 2019 |
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7 May 2019 |
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3 May 2019 |
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3 May 2019 |
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3 May 2019 |
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2 May 2019 |
| April 2019 |
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30 April 2019 |
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Rescission of a default judgment requires absence of wilful default and a bona fide substantial defence, not mere unsubstantiated allegations.
Civil procedure – rescission of default judgment – requirements for good cause: absence of wilful default and existence of bona fide substantial defence – importance of adequate explanation and supporting affidavits; proof of proper service by sheriff's return; discretion to refuse rescission where explanations and defences are unsubstantiated.
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30 April 2019 |
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30 April 2019 |
Quantum of damages - unlawful arrest and detention - not a serious crime - conditions during detention - Interference with factual findings of trail court - no assault |
26 April 2019 |
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19 April 2019 |
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18 April 2019 |
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17 April 2019 |
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A school was liable for a learner's injuries from an unsecured goalpost due to foreseeability and lack of supervision.
Delict — negligence of school authorities — liability for learner injured by unsecured goalpost; foreseeability and duty to take reasonable precautions. Evidence — assessment of credibility and probabilities; appellate review of trial court's factual findings. Precautions — supervision of learners; securing sports equipment (fixing goalposts) as reasonable guarding steps.
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17 April 2019 |
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17 April 2019 |
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16 April 2019 |
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16 April 2019 |
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16 April 2019 |
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12 April 2019 |
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12 April 2019 |
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Whether the applicant’s post‑traumatic epilepsy was caused by the 2010 accident and whether the respondent is liable.
Delict — causation — post‑traumatic epilepsy — whether late‑onset epilepsy causally linked to prior motor vehicle head trauma; weight of uncontradicted expert evidence where defendant adduces no expert reports; quantum limited to actuarial loss of earnings.
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12 April 2019 |
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Interim equal shared custody ordered pending family advocate report to determine the child’s best interests.
Family law – Interim custody – Shared/equal primary residence pending family advocate report – Best interests of the child – Child’s views and status quo preservation – Access arrangements enforceable by order.
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11 April 2019 |
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Reported
Court dispensed with father's consent for child’s emigration, finding mother’s relocation bona fide, reasonable and in child’s best interests.
Children’s Act s18(5) — relocation of child — court as upper guardian — inquiry: whether parent’s decision is bona fide, reasonable and in child’s best interests; necessity of expert evidence depends on presence of specific, articulable concerns; urgency and visa timelines may justify expedited relief.
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11 April 2019 |
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9 April 2019 |
| March 2019 |
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Applicant’s urgent leave to take child abroad confirmed where respondent’s untested hearsay allegations did not justify travel restrictions.
Family law – Child removal and international travel – Consent of other parent – Withdrawal of consent based on hearsay allegations – Best interests of the child paramount; untested, vague allegations insufficient to restrict travel in urgent circumstances. Urgent applications – Practical limits of forensic assessment – Judicial interview of minor child permissible and admissible to assess best interests.
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29 March 2019 |
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29 March 2019 |
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29 March 2019 |
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29 March 2019 |
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29 March 2019 |
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29 March 2019 |
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28 March 2019 |
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28 March 2019 |
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28 March 2019 |
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28 March 2019 |
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27 March 2019 |
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27 March 2019 |