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Citation
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Judgment date
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| June 2025 |
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The hospital's negligent management during labor caused the child's cerebral palsy due to failure to follow guidelines.
Medical negligence — hospital staff — failure to follow maternal guidelines — causation of hypoxic-ischemic injury.
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26 June 2025 |
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Court grants final sequestration order, finding respondent insolvent and sequestration advantageous to creditors.
Insolvency law – Final sequestration order – Act of insolvency – Advantage to creditors – Rescission application effect.
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25 June 2025 |
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Section 4(2) eviction application struck off roll for non-compliance with section 4(5)(c) requirements.
Civil Procedure – Ex Parte Applications – Eviction Proceedings – Section 4 Notices – Consistency of Grounds for Eviction
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25 June 2025 |
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Urgent application struck off due to lack of urgency and availability of alternative legal remedies.
Civil procedure – Urgent applications – Requirements under Rule 6(12)(b) – Evaluation of urgency and availability of substantial redress – Liquidation and distribution process objections.
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25 June 2025 |
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The applicant argued for VAT correction on invoices; leave to appeal was granted citing significant legal questions.
Tax law - VAT obligations - Rectification of VAT omissions in invoices - Interpretation of Section 64(1) of the VAT Act.
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25 June 2025 |
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Refusal to grant leave to appeal recusal of a judge due to lack of demonstrated bias or prospects for appeal success.
Judicial Recusal – Allegations of Bias – Prima Facie Determination – Leave to Appeal – Reasonable Prospect of Success
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25 June 2025 |
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Application for leave to appeal dismissed; no reasonable prospects or compelling reasons identified.
Leave to appeal – Prospects of success under Superior Courts Act – No compelling reasons for healthcare access appeal – Dismissed with costs.
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24 June 2025 |
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Application for leave to appeal dismissed due to lack of reasonable success prospect and compelling reasons.
Civil procedure – Application for leave to appeal – Lack of reasonable prospect of success – Dismissal with costs.
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24 June 2025 |
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Court grants interdict against a security company lacking contractual right to occupy premises.
Contract Law – Right to Occupy – Security Services – Urgent Interdict – Absence of Contractual Entitlement – Removal Order.
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24 June 2025 |
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Legal practice firm challenges LPC actions after director's death; court mandates curator for trust account oversight.
Legal Practice - Juristic entity status post-director death - Trust account handling - Curator bonis appointment
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23 June 2025 |
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The court dismissed the applicant's claim for seized goods, ruling lack of ownership proof and invalid cession agreement.
Property Law – rei vindicatio – locus standi – validity of cession agreement – proof of ownership – actio ad exhibendum.
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23 June 2025 |
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Court dismisses review application due to unreasonable delay beyond statutory limit, upholds Water Tribunal decision.
Administrative law – Judicial review – Reasonableness of delay – Onus of proof in administrative appeals – Water use licensing.
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23 June 2025 |
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Court dismisses firearm trainers' bid to stop skills programme development, citing lack of evidence for urgent interdictory relief.
Administrative Law – Interdictory relief – Firearm training qualifications – Interim relief requirements – Ministerial decision pending
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23 June 2025 |
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Court dismisses urgent application for interdict due to self-created urgency and questionable applicability of restraint clause.
Employment law – Restraint of trade – Urgency – Applicability of restraint clause in non-manufacturing context – Self-created urgency.
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20 June 2025 |
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Final sequestration granted due to proven insolvency; intervening applicants granted leave to join proceedings due to direct interest.
Insolvency - Sequestration - Final sequestration order - Acts of insolvency under sections 8(c) and 8(f) of the Insolvency Act - Leave to intervene in sequestration proceedings.
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20 June 2025 |
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Plaintiff's claim for loss of earning capacity denied due to insufficient evidence of actual patrimonial loss.
Road Accident Fund – Loss of earning capacity – Burden of proof regarding patrimonial loss due to injuries – Insufficient evidence of impact on employment.
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20 June 2025 |
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Court dismisses opposition to trademark 'WHEELS DEVICE', finding no likelihood of confusion with 'WAGON WHEELS'.
Trademark law – Similarity and likelihood of confusion – Assessment of composite marks and dominant elements within trademarks.
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19 June 2025 |
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Death terminated both marriage and joint ownership; consolidation of proceedings denied; joint property to be sold.
Family law – Termination of marriage and joint ownership by death – Consolidation of action and application proceedings – Actio communi dividundo and division of property.
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19 June 2025 |
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The court dismissed applications for leave to appeal due to mootness and peremption of appeal rights.
Administrative law – Promotion of Administrative Justice Act – Delay in decision-making – Mootness of appeal – Peremption of appeal rights.
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18 June 2025 |
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Court awards summary judgment for outstanding legal fees, dismissing prescription defense, and orders costs without penalties.
Legal services - Summary judgment - Bona fide defense - Payment obligation - Prescription act applicability - Costs order.
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18 June 2025 |
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18 June 2025 |
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The court addressed pleading requirements under Section 424 of Companies Act 61 of 1973, applying liability to juristic persons.
Company Law – Insolvency – Liability under Section 424 of Companies Act 61 of 1973 – Jurisdictional requirements for pleading – Application to natural and juristic persons.
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17 June 2025 |
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Court apportioned 75% liability to the Road Accident Fund and approved plaintiff's damages due to contributory negligence.
Road Accident Fund – apportionment of damages – contributory negligence – duties of drivers regarding lookout and speed.
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17 June 2025 |
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Apportionment of damages due to both insured driver's negligence and Plaintiff's contributory negligence in a collision.
Negligence – Motor vehicle accident – Insured driver's failure to keep a proper lookout – Apportionment of damages due to contributory negligence by the Plaintiff.
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17 June 2025 |
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Upheld enforcement of order against prolonged financial default, denying appellants' bid to introduce new evidence and assertions of irreparable harm.
Civil procedure – Sections 18(3) and 18(4) of the Superior Courts Act – Enforcement of pending appeal – Exceptional circumstances – Reliance on section 45 of the Companies Act – Introduction of new evidence.
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17 June 2025 |
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Court conditionally accepts expert evidence by affidavit; hearing postponed due to defendant's absence, costs awarded to plaintiff.
Civil procedure – Expert evidence by affidavit – Rule 38(2) of the Uniform Rules of Court – Postponement due to defendant's absence.
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17 June 2025 |
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The court dismissed a claim for injuries from open train doors due to equally plausible but conflicting narratives.
Tort law – Personal injury – Duty of care – Mutually destructive versions of events in injury claim – Liability of train operator for open train doors.
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17 June 2025 |
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Plaintiff's Road Accident Fund claim dismissed due to evidentiary discrepancies and non-compliance with statutory requirements.
Road Accident Fund claim – Enforceability – Discrepancies in Plaintiff's evidence and failure to meet statutory requirements under Act.
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17 June 2025 |
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RAF's attempt to rescind a default judgment failed due to proper procedural conduct by the plaintiff.
Civil Procedure – Rescission of Default Judgment – Rule 42(1)(a) – procedural errors – finality of litigation – failure to participate.
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17 June 2025 |
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RAF's belated defence notice deemed abuse of process; held liable for accident, ordered to compensate for loss of support.
Road Accident Fund – procedural abuse – setting aside belated notice to defend – liability for motor vehicle accident – damages for loss of support.
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17 June 2025 |
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Court reduced the sentence from life imprisonment to 15 years due to lack of required 'domestic relationship' evidence.
Criminal Law – Sentencing – Rape – Minimum sentencing legislation – Requirement for 'domestic relationship' – Evidence of such relationship lacking.
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13 June 2025 |
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Leave to appeal granted due to reasonable prospect of a different conclusion on merits and law.
Superior Courts Act – Leave to appeal – Reasonable prospect of success – Compelling reason for appeal – Conflicting judgments.
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13 June 2025 |
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Court upheld primary residency decision for child's best interest, denying leave to appeal and affirming Family Advocate's report significance.
Family Law – Child custody – Court's broad powers and duties as upper guardian – Reliance on Family Advocate's report in high-conflict parental disputes.
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13 June 2025 |
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The Prudential Authority unlawfully bypassed procedural safeguards for Absa board chair nomination, violating statutory mandates.
Banking law – Banks Act – procedural fairness in directorship nomination – regulatory authority's powers and processes in appointment objections.
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13 June 2025 |
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Default judgment rescinded due to improper service of section 129 notice under the National Credit Act.
Credit law – Section 129 notice – Rescission of default judgment – Proper service under National Credit Act requirements.
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13 June 2025 |
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Leave to institute derivative proceedings denied due to lack of 'exceptional circumstances' justifying bypass of demand procedure.
Company law - Section 165(6) of the Companies Act - Derivative proceedings - Exceptional circumstances required to bypass demand procedure.
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12 June 2025 |
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Appeal dismissed; discrepancies in witness testimonies and gunshot residue deemed immaterial to convictions.
Criminal Law—Assault—Discrepancies in testimonies do not negate core facts of unlawful force. Attempted Murder—Gunshot Residue—Presence due to proximity. Possession of Firearm—Eyewitness and forensic evidence suffices for conviction.
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12 June 2025 |
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Determination of whether MOI supersedes the CSOS Act and the jurisdiction for direct adjudication initiates an appeal.
Community schemes; Jurisdiction of CSOS; Dispute adjudication process; Leave to appeal; Superior Courts Act; Reasonable prospects of success.
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12 June 2025 |
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The court set aside the acquittal due to legal misinterpretation in procurement practices and remanded the trial for continuation.
Criminal Law – Fraud and Corruption – Procurement Deviation – Interpretation of National Treasury Practice Note – Prima Facie Case Requirements
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12 June 2025 |
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Directors cannot represent companies legally in court without being attorneys or advocates or obtaining court leave.
Civil procedure - Juristic persons - Legal representation - Director acting without legal qualification or court leave - Irregular step.
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11 June 2025 |
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Court declares applicant a vexatious litigant for persistent, groundless litigation after rescinding previous judgments.
Declaratory order; vexatious litigant; res judicata; abuse of process; Vexatious Proceedings Act 3 of 1956.
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11 June 2025 |
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Court awards future loss of earnings due to cognitive and behavioral injuries from a motor vehicle accident.
Road Accident Fund - future loss of earnings and medical expenses - compensation using contingency model given cognitive and behavioral injuries.
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11 June 2025 |
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Court awards damages for past and future loss of earnings and future medical expenses after motor vehicle accident.
Road Accident Fund claims – Determination of damages for loss of earnings – Calculation of contingency deductions – Future medical expenses.
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11 June 2025 |
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Court holds the defendant liable for passenger's injuries in road accident, dismisses contributory negligence, mandates compensation.
Delictual claim – Road accident – Liability for passenger injuries – Compensation for loss of income and costs – Contributory negligence defense rejected.
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11 June 2025 |
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Interim maintenance and child care arrangements set in contested divorce, reflecting financial disparity and parental roles.
Family law - divorce - interim relief under Rule 43 - spousal maintenance - child maintenance - legal costs - in loco parentis role determination.
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11 June 2025 |
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Urgent application for child custody and contempt involving unrepresented parties dismissed pending investigation.
Family Law – Urgent application – Contempt of court – Care and residency of minor child.
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11 June 2025 |
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Patent amendment and non-infringement issues deferred due to overlapping considerations warranting joint proceedings.
Patent law – Amendment of patent claims – Validity objections – Overlapping issues with pending declaration of non-infringement application – Procedural discretion.
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11 June 2025 |
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Application for interim interdict to restrain property transfer dismissed due to lack of prima facie right and alternative remedy.
Interim Interdict – Property transfer – Prima Facie Right – Irreparable Harm – Balance of Convenience – Alternative Remedy.
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10 June 2025 |
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Application for leave to appeal against summary judgment dismissed due to lack of success prospects.
Contract Law – Breach of Agreement – Impact of delayed compliance with contractual terms after the payment of vehicle – Application for leave to appeal based on erroneous admission without mandate.
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10 June 2025 |
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Court upheld life imprisonment for rape, acknowledging evidence's credibility and reducing sentences due to duplication of sexual assault convictions.
Criminal law – Appeal against conviction and sentence for rape and sexual assault – No misdirection by trial court – Duplication of convictions established.
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10 June 2025 |
