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Citation
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Judgment date
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| December 2022 |
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30 December 2022 |
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28 December 2022 |
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28 December 2022 |
Application to interdict the continuation of the construction of a building on a property in Limpopo and declaring the transfer of the property to the respondents to be void ab initio. The respondents raising various points in limine including territorial jurisdiction of this Court. The principles governing the issue of jurisdiction restated. This court lacks jurisdiction to entertain the dispute as the property and the cause of action fall outside its territorial jurisdiction. |
28 December 2022 |
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28 December 2022 |
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28 December 2022 |
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23 December 2022 |
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22 December 2022 |
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21 December 2022 |
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21 December 2022 |
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20 December 2022 |
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20 December 2022 |
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19 December 2022 |
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19 December 2022 |
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19 December 2022 |
Company – Companies Act 71 of 2008, s 129(1) and s 130(1)(a) – business rescue – directors' resolution to begin business rescue – grounds on which such resolution to be set aside –
Requirements of section complied with – there is no reasonable basis for believing that the company is financially distressed – application granted. |
19 December 2022 |
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19 December 2022 |
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19 December 2022 |
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15 December 2022 |
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15 December 2022 |
Costs order – always within the discretion of the court – discretion to be judicially exercised and punitive costs order should be warranted – the general rule is that the successful party should be awarded costs – also means that a party who would have been successful, should be awarded costs – punitive costs order – insufficient reasons furnished for the granting of such order. |
15 December 2022 |
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15 December 2022 |
Recusal application after judgment and at stage of application for leave to appeal – once judgment granted court functus officio – no current or prospective proceedings pending – approach to recusal incompetent – principles regarding recusal restated – spurious grounds raised – conduct of court and judge’s secretary impugned without cogent basis – respondent seeking special costs order including order disentitling legal representatives from charging fees – contempt order sought in facie curiae – appropriate remedy – referral to Legal Practice Council for investigation |
15 December 2022 |
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15 December 2022 |
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15 December 2022 |
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14 December 2022 |
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14 December 2022 |
Judicial review – Johannesburg Town Planning Scheme – application for the rezoning of a residential property – approved by Municipal Planning Tribunal – appeal against the approval upheld by the City Appeal Authority (the MMC – Municipal Planning) – that decision taken on judicial review in terms section 6(2) of PAJA –
Incompetent for the Appeal Authority to have decided issues not before it – decision on appeal therefore invalid – administrative decision also cannot ignore previous administrative decision, which is still extant – Oudekraal Estates v City of Cape and Others –
Decision also challenged on the basis inter alia of failure of the decision-maker to take into consideration relevant factors, as well as on the basis of unreasonableness and irrationality –
Upholding of appeal reviewed and set aside – in terms of s 8(1)(c)(ii)(aa) of PAJA decision of decision-maker substituted with court decision – |
13 December 2022 |
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13 December 2022 |
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13 December 2022 |
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13 December 2022 |
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13 December 2022 |
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12 December 2022 |
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12 December 2022 |
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12 December 2022 |
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12 December 2022 |
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9 December 2022 |
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9 December 2022 |
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8 December 2022 |
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7 December 2022 |
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7 December 2022 |
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7 December 2022 |
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7 December 2022 |
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7 December 2022 |
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7 December 2022 |
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7 December 2022 |
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7 December 2022 |
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7 December 2022 |
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7 December 2022 |
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7 December 2022 |
