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Citation
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Judgment date
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| 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 |
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Quantum of damages - unlawful arrest and detention - not a serious crime - conditions during detention - Interference with factual findings of trail court - no assault
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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 |