|
Citation
|
Judgment date
|
| April 2021 |
|
|
Failure to notify a client of withdrawal under Rule 16(4) justified postponement and de bonis propriis punitive costs against the attorneys.
Practice and procedure — Rule 16(4) — Attorney ceasing to act must forthwith deliver notice to client, registrar and other parties; failure may materially prejudice client and justify costs order. Costs — de bonis propriis and punitive (attorney-and-client) costs where attorneys hold themselves out without mandate and fail fiduciary/ethical duties, causing postponement. Representation — attorney’s mandate required; continuing to act without mandate is unprofessional and may attract personal liability for wasted costs.
|
28 April 2021 |
|
Application to amend declaration dismissed for non-compliance with Rule 18(10); quantum inadequately particularised and unjust enrichment unpleaded.
Civil procedure – pleadings – Rule 18(10) – plaintiff suing for damages must plead particulars enabling reasonable assessment of quantum; aggregate bald estimate insufficient. Contract law – employer’s non-remittance of pension deductions – quantum ascertainable from salary slips/payroll. Unjust enrichment – must plead receipt of benefit by defendant. Costs – unsuccessful amendment application: costs on party-and-party scale.
|
28 April 2021 |
|
An exception alleging unsigned agreement and conflicting payment terms was dismissed; pleadings were sufficiently particular and costs awarded to applicant.
Civil procedure – exception to particulars of claim – sufficiency of particulars under Rule 18(6); contract formation – requirement for signatures and signatory capacity; interpretation of contractual payment terms – resolving alleged inconsistency between clause 1 (monthly statement 30 days) and clause 17 (invoice terms) – alternative pleading permissible; interpretive issues for trial under Endumeni.
|
28 April 2021 |
|
Applicant's claim dismissed for lack of board-authority and South African court's lack of jurisdiction under parties' Florida forum clause.
Company law – s66 Companies Act – authority to institute proceedings; Civil procedure – contractual choice of law and forum – Florida law and Palm Beach County jurisdiction – interpretation of forum selection clauses; jurisdictional competence of South African courts in presence of clear forum clause.
|
16 April 2021 |
|
Whether the applicant’s conviction could be upheld on single child-witness evidence and corroborating admissions, and whether prescribed minimum sentences applied.
Criminal law – conviction on single child eyewitness – application of cautionary approach and evaluation of credibility and corroboration. Evidence – admissibility of deceased’s sworn statement and accused’s admissions; trial-within-a-trial procedure. Evidence – contradictions and absence of forensic proof do not necessarily vitiate core identification/corroborative evidence. Criminal procedure – remittal for further evidence; requirements for late medical/mental-health evidence. Sentencing – prescribed minimum sentences; absence of substantial and compelling circumstances.
|
13 April 2021 |