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Citation
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Judgment date
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| December 2025 |
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Warrantless arrest without reasonable suspicion is unlawful and renders the Minister liable for resulting detention damages.
Criminal procedure — Warrantless arrest — Section 40(1)(b) CPA — Objective reasonable suspicion required; pointing-out cannot retrospectively validate an unlawful arrest — De Klerk liability principles: foreseeability of remand and liability for entire detention — Damages for unlawful arrest and detention.
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12 December 2025 |
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A surviving spouse who is the intestate heir retains exclusive burial rights; a non‑heir lacks standing to claim the remains.
Succession and family law – right to bury deceased – intestate heir’s burial rights – effect of estrangement and domestic violence – locus standi of non‑heir relatives – application of Plascon‑Evans rule in urgent factual disputes.
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12 December 2025 |
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Unlawful unilateral deductions by liquidator found, but absence of wilful mala fides precluded a contempt order.
Contempt of court – civil contempt requires wilful and mala fide disobedience; Occupational rental – contract recorded as "N/A" so no contractual right to claim; Liquidator/receiver duties – unilateral deductions from distribution account unlawful; Withholding proceeds until vacant possession – contractually authorised; Appropriate remedy for disputed distribution – review/confirmation of liquidation and distribution account rather than committal.
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11 December 2025 |
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Defendant negligent for unsafe right turn; plaintiff contributorily negligent; liability apportioned 70% defendant, 30% plaintiff.
Motor vehicle collision — Right-hand turn across traffic — Duty to keep proper lookout — Contributory negligence — Credibility and objective evidence — Apportionment of liability 70%/30%.
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10 December 2025 |
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Execution pending appeal under section 18 requires exceptional circumstances plus proof no irreparable harm will be suffered by occupiers.
Property law / PIE eviction — section 18(3) execution pending appeal — cumulative requirements: exceptional circumstances; irreparable harm to applicant; proof that respondents will not suffer irreparable harm — admission of further evidence on appeal — de bonis propriis costs for wasted hearing attendance.
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10 December 2025 |
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High Court will not enforce another court’s order absent good and sufficient reasons; application dismissed.
Contempt of court; jurisdiction — High Court’s inherent jurisdiction to enforce another court’s order; s 106 Magistrates’ Courts Act; requirement of good and sufficient reasons; civil v criminal committal; declaratory relief.
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10 December 2025 |
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Court suspended execution of mortgaged property demolished for safety, allowing time to pursue third‑party claims and equitable resolution.
Mortgage bonds – Default judgment – Rule 46A and s26 constitutional protection of the home – Execution of demolished property – Suspension of execution to permit investigation of third‑party claims and equitable resolution – Reserve price for sale in execution.
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10 December 2025 |
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Arrest held lawful on reasonable suspicion, but detention beyond statutory period unlawful—R150,000 awarded.
Criminal procedure — Arrest without warrant — s 40(1)(b) CPA — objective reasonable suspicion; Detention — s 50 CPA — 48‑hour rule — unlawful continued detention; Quantum for unlawful detention.
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10 December 2025 |
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Interpreter miscommunication and failure to consider material facts led court to set aside refugee decisions and remit for reconsideration.
Refugee law; administrative law (PAJA) — condonation for late review; interpreter/miscommunication at RSDO interview; failure to address material averments; review and setting aside of RSDO and SCRA decisions; remittal for reconsideration; costs awarded to applicant.
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9 December 2025 |
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A late notice of intention to defend filed on the eve of a default hearing justified an attorney-and-client punitive costs order.
Civil procedure – default judgment – Rule 19(5) late notice of intention to defend – abuse of process – punitive costs (attorney-and-client) – costs to include expert and counsel fees.
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9 December 2025 |
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Review application filed outside PAJA's 180‑day limit; no condonation or reasons, so leave to appeal refused with costs.
Administrative law — Promotion of Administrative Justice Act s7(1) — 180‑day time limit for review of administrative decisions — condonation for late filing — Superior Courts Act s17(1)(a) — leave to appeal requires reasonable prospects of success or compelling reasons.
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9 December 2025 |
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A respondent’s reliance on an arbitration clause can constitute a bona fide defence, entitling it to leave to defend.
Arbitration clause – Special plea in summary judgment – Documents annexed to special plea can disclose an arbitrable dispute – Bona fide defence – Leave to defend granted – Arbitration Act s 3(2)(b).
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8 December 2025 |
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Final sequestration confirmed after respondent’s written admission of insolvency and undisputed liquidated claim by the creditor.
Insolvency — act of insolvency — written admission of inability to pay constitutes act of insolvency under s 8(e)/(g) of Insolvency Act; sequestration — requirements for final sequestration satisfied where creditor holds undisputed liquidated claim; procedural — challenge to attorney’s power of attorney must be raised under rule 7 and deponent need not personally be authorised.
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8 December 2025 |
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Leave to appeal granted against finding that bundled credit-life cover sold to vulnerable consumers was unreasonable and unlawful.
National Credit Act – Sections 106, 90 and 91 – Bundled credit-life insurance – Disability and retrenchment cover sold to consumers unable to claim – Unreasonable contractual terms and unreasonable claims procedure – Cross-subsidisation defence — Limits on raising unpleaded 2017 Credit Life Regulations on appeal – Leave to appeal under s17(1)(a)(ii) Superior Courts Act due to public interest.
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8 December 2025 |
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Final winding-up granted where lease debt proved and counterclaim for improvements contractually excluded.
Companies Act s345 – Winding-up for inability to pay debts; validity of lease where representative initialled pages and signed at end; Badenhorst/bona fide dispute principle; counterclaim for improvements contractually excluded by lease clause; discretion to refuse winding-up narrowly confined.
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8 December 2025 |
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A loan tied to future project funding held payable despite funding delays; provisional liquidation of the debtor ordered.
Companies Act – s344(f) winding-up for inability to pay – contract interpretation of suspensive condition vs tacit term – Badenhorst bona fide dispute threshold – s345 demand – provisional liquidation preserving potential survival of mining right.
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8 December 2025 |
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Provisional sequestration dismissed because the respondent bona fide and reasonably disputed the alleged debt.
Insolvency Act s10 – provisional sequestration – requirement of a creditor’s claim – bona fide and reasonable dispute (Badenhorst rule) – Plascon-Evans application of disputes in motion proceedings – inference of insolvency rebutted by asset valuations – advantage to creditors speculative – potential abuse of process where parallel action pending.
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5 December 2025 |
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Interim maintenance application dismissed due to undisclosed prior agreements and factual disputes; respondent’s concessions incorporated.
Family law – Rule 43 maintenance pendente lite – prior Rule 43 order and signed settlement not disclosed – substantial disputes of fact – Rule 43 unsuitable where oral evidence required – interim maintenance limited to respondent’s admissions – costs: each party to pay own.
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5 December 2025 |
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Court refers contested customary‑marriage registration motion to trial, applying Plascon‑Evans and Room Hire; one confirmatory affidavit excluded.
Civil procedure – motion proceedings v action proceedings – Plascon-Evans application of test – referral to trial for oral evidence (Room Hire) – admissibility of confirmatory affidavit signed before main affidavit – Recognition of Customary Marriages Act s4(7) (application for registration).
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5 December 2025 |
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Exception upheld as to humiliation claim and employer liability partially, while assault and defamation claims stand; amendment permitted.
Delict — assault and dignitary harms — defamation — requirements for publication and meaning — exceptions — rules on pleadings: distinguishing conclusions from pleaded facta probanda — vicarious liability: requirement to plead connection to course and scope of employment — amendment allowed.
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5 December 2025 |
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Court awarded R60,000 for unlawful arrest and detention as solatium; interest and costs on Scale A.
Delict — Unlawful arrest and detention — assessment of quantum — solatium for deprivation of liberty — factors: duration, manner of arrest, humiliation, personal circumstances — reliance on Mahlangu, Tyulu, Olga, Diljan — costs on Scale A.
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5 December 2025 |
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Warrantless arrest lawful where cumulative medical and identification evidence gave reasonable suspicion under s 40(1)(b).
Criminal procedure – arrest without warrant – s 40(1)(b) CPA – objective reasonable suspicion; Schedule 1 offence (rape) involving a minor; J88 medical evidence and victim identification as cumulative grounds for lawful arrest; availability of alternative processes not determinative; absolution from instance on malicious prosecution claim.
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5 December 2025 |
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Whether the plaintiff must identify specific discovered documents relied upon for an amendment, permitting inspection under Rule 35(12).
Civil procedure – Rule 35(12) – production of documents referred to in affidavits or pleadings – implied references suffice; discovery bundles – obligation to identify specific documents relied upon – Commercial Court case management and fairness; bona fides of amendment applications.
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5 December 2025 |
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Provisional sequestration granted where body corporate proved unpaid levy debt, nulla bona and reasonable prospect of benefit to creditors.
Insolvency law – provisional sequestration – proof of unpaid debt (minimum R100) – nulla bona return as act of insolvency (s 8(b) Insolvency Act) – benefit to creditors – body corporate levies.
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4 December 2025 |
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High Court dismissed review of marriage registration because Regional Court divorce proceedings raised the same issues (lis alibi pendens).
Administrative law – review of Home Affairs’ registration of a marriage; lis alibi pendens – pending divorce in Regional Court; Regional Court jurisdiction (s29(1B) Magistrates' Courts Act); forum appropriateness; viva voce evidence vs review on affidavit.
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4 December 2025 |
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A late business rescue application suspends liquidation proceedings unless abuse is proven; adjournment and costs awarded per tender.
Companies Act s131(6) — business rescue application suspends liquidation proceedings — alleged abuse of process — timing and merits relevant but abuse must be proved — adjournment sine die — costs on attorney-and-client scale following a tender.
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4 December 2025 |
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Informal-earner’s uncorroborated income evidence can suffice; apply higher contingency rather than refuse loss-of-earnings award.
Delict — proof of loss of earnings by informal sector claimant — weight of uncorroborated oral evidence — joint minutes of experts binding — application of contingency to address evidentiary uncertainty — award of future medical expenses and loss of earnings.
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4 December 2025 |
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Condonation and reinstatement refused where appellants wilfully defaulted and failed to establish a bona fide defence.
Civil procedure – rescission of default judgment – requirements: reasonable explanation and bona fide defence – wilful default fatal – role of documentary evidence and admissions; condonation and reinstatement of lapsed appeal refused; National Credit Act not applicable to pleaded transaction.
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4 December 2025 |
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Summary judgment granted: written rental agreements enforceable; alleged misrepresentations and software charges do not defeat contract or State liability.
Contract law — summary judgment — need to disclose bona fide defence; vendor‑introduced finance structures and cession enforceability; written agreements prevail over alleged pre‑contractual representations; acceleration clauses and agreed interest (prime + 6%) enforceable; software charges from separate donation arrangement not part of rental obligations; State liability under s 60(1)(a) of the Schools Act for contractual loss arising from school activities.
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4 December 2025 |
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Final liquidation ordered: commercial insolvency established; bank’s termination lawful; counterclaim dismissed with costs.
Company law – Winding‑up for commercial insolvency; s345 deeming provisions; factual solvency vs commercial insolvency; abuse of process; bona fide dispute in liquidation; interpretation of demand and cancellation rights; contractual interpretation (Endumeni; Cool Ideas).
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4 December 2025 |
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State organs must coordinate and act to remove xenophobic vigilante blockades denying access to public healthcare.
Constitutional and statutory duties to ensure access to healthcare – removal of barriers to socio-economic rights (s 27) – National Health Act oversight obligations – municipal service-level agreement does not absolve provincial/national responsibility – police duty to prevent and investigate vigilante blockades (s 205(3)) – interim structural interdict to secure access to public clinics – separation of powers and National Treasury distinction (compelling state to act, not restraining powers).
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4 December 2025 |
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An on‑demand guarantee created a primary obligation enforceable on demand; respondents failed to raise a bona fide dispute, warranting final liquidation.
Companies law – Winding‑up – s345(1)(a) and (c) – On‑demand guarantees – Primary independent obligations enforceable on compliant written demand – Notarial bond perfection does not effect payment – Badenhorst bona fide dispute test – Admissibility of bank records and certificates.
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3 December 2025 |
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Leave to appeal a default final winding‑up order refused: such orders are ordinarily not appealable and no prospects of success shown.
Civil procedure — Liquidation — Final winding‑up order granted by default/unopposed — Appealability: default orders ordinarily not appealable as they are rescindable — Rescission under rule 42(1)(a) or common law — Leave to appeal under s 17(1) Superior Courts Act: reasonable prospects and compelling circumstances required — Costs de bonis propriis against director.
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3 December 2025 |
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Court allowed the State to re-open its case to admit crucial co-accused evidence, prioritising justice over finality.
Criminal procedure — re-opening State’s case after closure — requirements: reasonably sufficient explanation; prima facie likelihood of truth; material relevance — balancing finality and substantial justice — corruption charges (POCCA ss10(b), 3(b)) — s174 discharge — s158(2)(a) closed-circuit testimony.
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3 December 2025 |
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Appeal dismissed as moot; no practical effect and interests of justice do not warrant deciding spoliation merits.
Civil procedure – mootness – appeal dismissed where decision would have no practical effect; spoliation and electricity supply – fact specific; interests of justice exception not engaged.
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2 December 2025 |
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Rescission refused: applicant represented, discovery default upheld, fraud unproven; costs awarded attorney-and-own-client.
Civil procedure – Rescission (Rule 42(1)(a) and common law) – striking out for discovery non‑compliance – order not grantable where applicant was represented – fraud allegations unproven – rescission not a substitute for appeal – costs on attorney-and-own-client scale.
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1 December 2025 |
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Rescission granted where respondent concealed an interim settlement and payments, requiring repayment and costs.
Family law – Rule 43 maintenance pendente lite – duty of utmost good faith and full disclosure – non-disclosure of settlement and payments – rescission for fraud – repayment of amounts and costs.
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1 December 2025 |
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A defendant’s request for reasons for a default judgment under Rule 49(1)(c) is irregular and will not be provided.
Civil procedure – Default judgment – Request for reasons under Uniform Rule 49(1)(c) (misstated as Rule 19(1)(c)) – Irregular procedural step – Default judgment provisional and lacking appellate character until finality – State duty to prevent procedural abuse.
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1 December 2025 |
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Applicants failed to prove exclusive ownership; eviction under PIE not just and equitable, application dismissed.
PIE Act — Eviction — Two-stage enquiry — Unlawful occupation and just and equitable consideration; Intestate succession — representation rights of heir where co-holder died intestate and estate not wound up; Onus on applicant to establish exclusive right and that eviction is just and equitable; Family dispute — eviction refused; No costs order.
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1 December 2025 |
| November 2025 |
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Summary judgment granted for unpaid rent and holding-over; defendants had no bona fide defence to liquidated claims.
Summary judgment — liquidated claims for arrear rent and holding-over damages — bona fide defence — offers to purchase do not alter occupational liability absent agreement on occupation date or transfer — lessee liable for municipal charges under lease.
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30 November 2025 |
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Summary judgment granted for unpaid rent and holding-over damages where offers to purchase did not supersede the month-to-month lease.
Summary judgment — month-to-month tenancy — holding over damages — offers to purchase do not confer occupation absent transfer or agreement — liquidated claim — municipal charges payable by lessee — no bona fide defence.
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30 November 2025 |
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Appellant’s warrantless arrest and detention were unlawful; respondent failed to prove reasonable suspicion or consider bail, appeal upheld.
Criminal Procedure Act s 40(1)(b) – warrantless arrests – reasonable suspicion and verification of information; discretion to arrest – proper exercise required; detention lawfulness – consideration of bail under s 59; burden of proof – respondent must prove lawfulness after interference with liberty established; damages for unlawful arrest and detention.
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28 November 2025 |
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The applicant's award for unlawful arrest and detention increased to R40,000 due to assault and deplorable detention conditions.
Delict — Unlawful arrest and detention — Quantum of damages (solatium) — Factors: duration, manner of arrest, detention conditions, physical/psychological injury — Assault by police as aggravating factor — Comparative awards guiding but not determinative.
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28 November 2025 |
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Applicant failed to prove a concluded sale and bond; Companies Act s44 non-compliance and lease non-variation upheld.
Companies Act s44 — financial assistance to acquire securities — requirement for special resolution and solvency/liquidity test; incumbrance of land — essential term requiring written agreement; non-variation clause — lease remains binding; evidentiary sufficiency of WhatsApp communications; costs orders.
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28 November 2025 |
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Ex parte urgent order set aside for material non-disclosure; landlord cannot tacitly hypothecate third‑party goods; punitive costs awarded.
Civil procedure – urgent ex parte applications – duty of utmost good faith and full disclosure – material non-disclosure grounds for rescission; landlord’s tacit hypothec – no hypothec over third‑party goods; hearsay in urgent applications – requirements and limitations; punitive costs for non-disclosure.
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28 November 2025 |
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Applicants’ late tender of consent to data-copying removed urgency; application removed from the roll and no order as to costs.
Civil procedure – Urgency – Late tender of consent to allow police to copy data from seized mobile devices negates urgency; Police seizure of devices for investigative purposes; Return of property; Costs discretion where state did not respond to correspondence.
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28 November 2025 |
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Exception upheld where defence relying on an ambiguous 'loan account' was vague, prejudicial and required amendment.
Civil procedure – Pleadings – Exception for vagueness and embarrassment – Reference to a 'loan account' as set-off impermissibly vague – Prejudice shown by inability to plead – Amendment permitted.
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27 November 2025 |
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Leave to appeal refused: respondent entitled to reconsideration; material disputes of fact and admissible corporate affidavit defeated appeal prospects.
Civil procedure – leave to appeal under s17(1) Superior Courts Act – reconsideration under Rule 6(12)(c) – corporate affidavits and hearsay – admissibility of manager’s affidavit – replying affidavit limits – Plascon‑Evans rule and disputes of fact in motion proceedings – costs including two counsel.
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27 November 2025 |
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Court reduced claimed maintenance, dismissed arrears and costs claims, refused supervised contact, and ordered specified monthly maintenance with CPI escalation.
Family law – Rule 43 maintenance – quantification and apportionment of children’s needs – parental responsibilities in wedlock – no basis for supervised contact – award of specific monthly maintenance with CPI escalation – dismissal of claims for municipal arrears and legal-cost contribution – applicant ordered to pay costs on party-and-party Scale B.
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27 November 2025 |
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Conviction for unlawful possession upheld; sentence reduced to minimum and ammunition sentence ordered concurrent.
Criminal law – unlawful possession of firearm and ammunition – credibility of police witnesses – minimum sentence legislation – absence of substantial and compelling circumstances to deviate from prescribed minimum – improper reliance on prevalence to aggravate sentence – concurrency and cumulative effect of sentences.
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27 November 2025 |