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Citation
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Judgment date
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| October 2022 |
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Court corrected a material factual error under Rule 42(1)(a) and granted applicants leave to appeal, costs to be costs in the appeal.
Civil procedure – Uniform Rule 42(1)(a) – Court’s inherent/administrative power to vary or correct its judgment mero motu to remedy material errors of fact. Appeal – Leave to appeal – Section 17(1)(a)(i) Superior Courts Act – requirement of reasonable prospects of success. Procedural fairness – consideration of filed heads of argument and effect of omission on judicial decision-making. Costs – leave application costs to be costs in the appeal.
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13 October 2022 |
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Whether the applicant’s guarantee policies fell under short-term insurance and whether the Tribunal’s penalties were reviewable.
Financial services – guarantee policies – characterization as short-term insurance versus suretyship under the National Credit Act; registration obligations. Administrative penalties – review for rationality, proportionality and consideration of statutory factors. Regulatory enforcement – cooperation with regulator and consequences of misleading or incomplete disclosures.
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13 October 2022 |
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Divorce granted for irretrievable breakdown; applicant awarded primary care; joint estate equally divided; maintenance referred.
Family law – Divorce – irretrievable breakdown – cohabitation lapse and failure of counselling as evidence of breakdown. Family law – Care and contact – primary residence awarded to applicant; detailed contact regime following Family Advocate recommendations. Matrimonial property – marriage in community of property – equal division of joint estate ordered. Maintenance – referral to Maintenance Court; interim child maintenance ordered. Costs – unsuccessful recusal application; respondent ordered to pay applicant's costs on attorney-and-client scale.
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13 October 2022 |
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12 October 2022 |
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12 October 2022 |
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Summary judgment postponed due to inadequate notification and prejudice to defendant and Rule 13 third party.
Civil procedure – Summary judgment v default judgment – nature and differences; Rule 13 third‑party joinder – effect of service and notice of intention to defend; requirement to notify set down and prejudice from insufficient notice; defendant not in default where plea and opposing affidavit filed.
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11 October 2022 |
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Spoliation order granted to restore possession of truck, trailer and diesel seized in self-help after fraud.
Spoliation (mandament van spolie) – possession sufficient; title irrelevant – unlawful self-help; urgency; refusal to accept conditional tender; attorney-and-client costs.
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11 October 2022 |
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Applicant granted interim interdict preventing tenant removing disputed buildings pending ownership action.
Lease interpretation – distinction between 'structures' and 'installations/equipment' – interim interdict to preserve disputed fixtures pending action; expert technical affidavit cannot determine legal question of whether structures form part of land; requirements for interim relief: prima facie right, irreparable harm, balance of convenience.
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10 October 2022 |
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The respondent is fully liable where the applicant was thrown from a moving train through open doors; intervening attack did not break causation.
Delict – railway operator’s duty of care – leaving train doors open while in motion constitutes negligence; causation – criminal attack and victim’s defence not novus actus interveniens; contributory negligence not established.
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10 October 2022 |
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A medical scheme may not fund prescribed minimum benefits from a member's medical savings account or day-to-day benefits.
Medical schemes – Prescribed Minimum Benefits (PMBs) – funding – whether PMBs may be funded from member medical savings account/day-to-day benefits – Regulation 8 and Regulation 10(6). Interpretation of scheme rules – Rule 17.5 (no limitations on PMBs) cannot permit diversion of PMB funding to MSA. Contracting out statutory protections – cannot be achieved implicitly where statute protects weaker parties. Administrative law – review under PAJA – whether the Appeal Board's decision was one a reasonable decision-maker could reach. Tacit acceptance – member's lack of knowledge precludes acquiescence to unlawful deduction from MSA.
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10 October 2022 |
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Anton Piller relief refused where applicant failed to establish urgency, possession of documents, or real risk of destruction.
Anton Piller orders — strict prerequisites: prima facie cause, specified documents in respondent’s possession, real risk of destruction. Urgency — must show absence of substantial redress in due course. Confidential internal investigations and independent contractor status may preclude compelled disclosure. Anton Piller relief inappropriate where primary aim is to obtain material for a defamation action; no fishing expeditions.
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10 October 2022 |
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Applicant failed to prove urgency for an urgent hearing of a monetary claim alleging attorney misappropriation; matter struck off with costs.
Civil procedure – urgency – Rule 6(12) – applicant must show inability to obtain substantial redress in due course; monetary claim alone not sufficient; material disputes of fact and procedural defects justify striking matter from urgent roll.
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10 October 2022 |
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Store liable for slip due to inadequate warnings and lack of handrails; contributory negligence not proved.
Premises liability; negligence – duty to customers; adequacy of warning signs; failure to install handrails; factual and legal causation (but-for and remoteness); contributory negligence (carrying of goods).
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10 October 2022 |
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Decision refusing s31(2)(b) permanent residence exemption set aside and remitted for reconsideration; interim stay on deportation.
Immigration — s31(2)(b) exemptions — review under PAJA — adequacy of reasons, relevance of considerations and reasonableness of administrative decision; remittal appropriate where decision-maker failed to apply law to facts; interim relief permitting residence pending review.
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9 October 2022 |
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Rescission refused where applicant wilfully defaulted by failing to brief counsel; best interests and set-off provisions upheld.
Civil procedure – rescission of judgment – Rule 42 inapplicable where judgment not erroneously granted – common-law rescission requires reasonable explanation for default, bona fides and prima facie defence. Wilful default – failure to brief counsel and sending an unauthorised representative. Child law – best interests considered; trust and case-manager provisions and set-off between duplicate orders. Costs – ordinary scale awarded; punitive costs refused.
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8 October 2022 |
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Appellant BRP’s reckless conduct justified a personal costs order; new evidence on appeal was refused.
Companies Act – business rescue practitioner’s duties and standards of conduct; admission of new evidence on appeal – De Aguiar requirements; costs de bonis propriis against BRP – discretionary review and standards for appellate interference.
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7 October 2022 |
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Court granted final winding up where a loan recorded in the company accounts was not bona fide disputed and shareholder deadlock existed.
Company law – winding up – final winding-up where indebtedness is recorded and not bona fide disputed; Badenhorst test applied. Company v partnership – factual characterisation of corporate arrangements and the consequences for remedies. Evidence – weight of financial statements and signed notes to accounts in proving indebtedness. Just and equitable grounds – shareholder deadlock and breakdown of trust as basis for liquidation.
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7 October 2022 |
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Holistic visual comparison held MK1 and Polygon designs infringe registered vehicle-bar designs; MK2 sufficiently different, not infringing.
Design law – omnibus definitive statement – scope of protection to be assessed holistically; aesthetic designs judged by the eye of the ordinary purchaser; prior art may narrow monopoly but does not permit dissecting components; infringement found where accused designs are not substantially different to ordinary observer; remedies: interdict, destruction, enquiry into damages or reasonable royalties, costs (apportioned).
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7 October 2022 |
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An applicant not party to a settlement order cannot stay separate PIE eviction proceedings; urgent relief refused and costs awarded.
Civil procedure – urgency – self-created urgency and court’s discretion to hear urgent matters despite delay. Eviction – PIE Act – whether pending review of prior settlement order stays separate eviction proceedings. Locus standi – non-party to settlement order cannot rely on that order to stay eviction. Remedies – appropriateness of SAHRC/Tribunal intervention and court-ordered interim rental.
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7 October 2022 |
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Leave to appeal dismissed: no realistic prospects; injunction properly interpreted and statements/renewal notice found not to justify appeal.
Appeal – leave to appeal – section 17(1) Superior Courts Act – realistic prospects of success required Interpretation of orders – contextual approach per Endumeni; injunction not to be read in isolation Trade union rights – scope of lawful communication with members and government Misleading statements – falsity of blanket assertions about representation rights Coercion – renewal notices do not constitute coercion to cancel union membership
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7 October 2022 |
Nonprofit Organisation Act 71 of 1997 (NPO Act) – objects and functioning of Act explained – Church as a registered Nonprofit Organisation – functioning thereof in accordance with the requirements of the NPO Act and with directives issued in terms thereof – leadership and control of church – general meeting – election of board – role of intermediary/administrator – interim relief leaving church without legitimate leadership refused – declaratory order granted
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6 October 2022 |
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Termination of an estate agent’s mandate was declared unlawful, but the executrix was not removed for lack of risk to estate administration.
Administration of estates – agency mandate – validity of principal's revocation of agent's mandate – when termination can be impugned. Removal of executor – s 54(1)(a)(v) – removal requires showing administration of estate imperilled, not mere disagreement. Civil procedure – motion proceedings – application of Plascon-Evans to disputes of fact on affidavits. Costs – de bonis propriis/attorney-and-own-client punitive costs require exceptional circumstances; otherwise costs follow the cause.
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6 October 2022 |
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Court ordered section 21 temporary firearm authorisations and awarded costs after respondents failed to process licence applications timeously.
Administrative law – delay in processing firearm licence applications – applicants entitled to interim relief; Firearms Control Act s 21 – issuance of temporary authorisations to mitigate prejudice; exclusion/postponement of relief for firearms alleged defective or destroyed; conditions preserving regulatory oversight; costs following non-compliance.
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6 October 2022 |
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Security for costs application dismissed: respondent failed to show applicant was peregrinus or that litigation was vexatious.
Rule 47 — security for costs; peregrinus v incola — security generally for peregrinus; incola only if litigation vexatious or abuse of process; applicant must show probability of inability to pay; balancing exercise per Giddey NO; procedural non-compliance (Rule 41A) insufficient to order security where vexatiousness not established.
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6 October 2022 |
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Applicant, treated as a de facto director, failed to show entitlement to a Fidelity Fund Certificate; refusal upheld.
Legal Practice Act (ss 84–87) and Rules (47, 49, 54) – Fidelity Fund Certificate – requirements for issuance – applicant’s compliance and respondent’s satisfaction under s85(6)(a). Company/director status – de facto director treated as de jure director – duties and liabilities regarding trust accounts. Administrative law – PAJA review – alleged bias, ulterior purpose, error of law – insufficient to set aside decision. Trust accounts – curator bonis, disputed audit reports and ongoing litigation justify caution in issuing fidelity certificates.
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6 October 2022 |
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Whether a warrantless arrest was lawful under s40(1)(a) given prima facie documentary and affidavit evidence of an offence.
Criminal procedure — Arrest without warrant — s40(1)(a) Criminal Procedure Act — requirement of prima facie grounds based on facts known to arresting officer; evaluation of documentary evidence (affidavit, invoices, weighbridge tickets) versus oral denials; vicarious liability claim against Minister of Police for alleged unlawful arrest.
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6 October 2022 |
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EA for a gas power plant upheld despite technical challenges, but public participation failures (isiZulu notices) required corrective orders.
Environmental law — NEMA/EIA process — scope of assessment for an EA for works within State boundary — upstream lifecycle GHGs may be assessed in linked EA applications. Administrative law — adequacy of EIA reports — climate change, cumulative impacts, water and wetland offset assessments. Procedural law — public participation — language accessibility (isiZulu) material to meaningful participation; remedial measures may be ordered without setting aside authorization.
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6 October 2022 |
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Summary judgment dismissed where creditor failed to terminate debt review under s86(10) and consumer was not in default.
National Credit Act s86(10) – debt review termination – creditor may terminate only where consumer in default for required period; notice in terms of s86(10) required; amendment prohibits termination once matter is before court/Tribunal; Collett v First Rand Bank Ltd applied; failure to comply renders enforcement proceedings premature.
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6 October 2022 |
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Plaintiff’s claim disclosed a cause of action but apartheid-era regulatory impediments made it unenforceable; exception upheld.
Currency and Exchanges Act / Regulation 4(c) – special restricted accounts – Ministerial determinations on interest, repayment manner and conditions – effect of repeal of apartheid-era regulatory policy – requirement to seek declaratory or review relief before enforcing historical claims – exception for lack of cause of action.
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6 October 2022 |
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The applicant obtained a final interdict preventing respondents publishing a classified SSA intelligence report and ordered return of copies.
State security – classification of intelligence material – ‘secret’ classification; Protection of Information Act s4 – unlawful possession and disclosure; PAIA and constitutional right of access – limits and public‑interest exception; Judicial inspection (‘judicial peek’) of classified documents; Interim ex parte relief – urgency and abuse of process; Final interdict and return of copies; Costs follow result.
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5 October 2022 |
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A civil marriage contracted during the subsistence of a customary marriage is void ab initio; registration and divorce directions issued.
Recognition of Customary Marriages Act – validity of customary marriage despite non-registration – section 4(9). Prohibition on contracting civil marriage during subsistence of customary marriage – section 3(2) – civil marriage void ab initio. Remedies – registration of customary marriage; Minister authorised to register in absence of spouse; requirement for divorce by court to dissolve customary marriage. Constitutional and dignity considerations where subsequent marriage contracted without first spouse's knowledge or consent (Mayelane principles).
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4 October 2022 |
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Leave to appeal an eviction order granted where court found realistic prospects of success despite procedural omission.
Superior Courts Act s17 – leave to appeal – higher threshold: appellant must show realistic prospects another court would differ; procedural omission to specify s17 ground not necessarily fatal; leave granted to Full Court with costs in eviction appeal.
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3 October 2022 |
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3 October 2022 |
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3 October 2022 |
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A final interdict enforced a 24‑month restraint after the former employee breached and lied about servicing the applicant’s client.
Restraint of trade – enforceability of separate general restraint agreement despite later contracts lacking restraint clause; 24-month nationwide restraint. Breach of restraint – employee’s post-termination involvement with employer’s client performing installations/maintenance of specialised systems. Interim and final interdict – application of Wightman test where respondent’s denials are uncorroborated. Intellectual property/software – order to delete copies of proprietary SM Tool software. Costs – punitive costs including two counsel where respondent acted dishonestly.
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3 October 2022 |
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3 October 2022 |
| September 2022 |
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Court set aside ex parte attachment orders where buyer proved helicopter never became estate asset; purchaser may intervene.
• Civil procedure – urgent ex parte relief – reconsideration/anticipation under Uniform Rules 6(8) and 6(12)(c).
• Locus standi – leave to intervene by a non-party purchaser affected by ex parte orders.
• Insolvency – proof required to establish that an asset vested in the insolvent estate; applicability of Insolvency Act ss31–32.
• Attachment – uplift and return where ex parte relief not supported by ownership evidence.
• Interim protection of purchaser’s funds – retention in trust pending final determination.
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30 September 2022 |
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30 September 2022 |
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Payment under the 2009 settlement was applied to tax debt, not held as security; seized-goods disputes referred to oral evidence.
Contract interpretation – tax settlement – whether interim payment constituted satisfaction of tax debt or security; admissibility of extrinsic evidence under Endumeni; review of seized goods claim under s66 Tax Administration Act – referral for oral evidence due to material disputes of fact.
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30 September 2022 |
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30 September 2022 |
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Consolidation order was appealable (final in effect) but leave to appeal refused for lack of reasonable prospects and compelling reasons.
Civil procedure – consolidation of actions under Uniform Rule 11 – appealability of interlocutory orders determined by effect not form – final in effect if not to be reconsidered on same facts – leave to appeal requires reasonable prospects of success or compelling reasons (s17 Superior Courts Act).
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29 September 2022 |
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29 September 2022 |
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Extension approvals were contractual/labour matters, not PAJA administrative action, so revocation was permissible.
Labour-related decision v administrative action; PAJA applicability; functus officio and revocation of employer decisions; when employer approvals amend employment contracts; reliance on Chirwa and Gcaba.
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28 September 2022 |
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28 September 2022 |
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An instalment sale of agricultural land without ministerial consent is void; lis alibi pendens bars final restitution here.
Property law – Subdivision of agricultural land – Subdivision and undivided shares require ministerial consent under the Subdivision of Agricultural Land Act 70 of 1970 – failure renders agreement void ab initio. Alienation of Land Act 68 of 1981 – section 28(1) restitutionary relief (repayment and interest) where deed/contract is of no force or effect. Civil procedure – lis alibi pendens – concurrent proceedings arising from same cause and parties bar final relief in another forum. Costs – no basis for punitive attorney‑and‑client costs; each party to pay own costs.
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27 September 2022 |
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The defendant liable for 90% where truck driver's negligent turn in mist caused plaintiff's amputation and cognitive injury.
Road Accident Fund – motor collision in heavy mist – negligent right-hand turn causing obstruction – contributory negligence of oncoming driver (10%) – apportionment 90/10 – general damages for above-elbow amputation and diffuse axonal brain injury – 40% contingency deduction for future loss – s17(4)(a) reimbursement of future medical/accommodation costs (90%).
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27 September 2022 |
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Applicant’s security-for-costs claim dismissed: failed to show the main application was vexatious or an abuse and joinder costs denied.
Security for costs — Uniform Rule 47; post-Companies Act common-law test (Boost Sports Africa): must show inability to pay and that the main action is vexatious/reckless or an abuse; interpretation of section 8 Arbitration Act and contractual time-bar clauses; Wilmington v Short & McDonald questioned in constitutional context; costs of necessary, unopposed joinder not recoverable.
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26 September 2022 |
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26 September 2022 |
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Condonation granted but rescission of default judgment dismissed; repeated rescission attempts deemed abuse of process with punitive costs.
Civil procedure – condonation for late affidavits; rescission of default judgment – Rule 42(1)(a) and common-law requirements (reasonable explanation, bona fides, prima facie defence); Rule 35(12) – consequences of non-production of original documents; res judicata/once-and-for-all and abuse of process; punitive costs (attorney-and-client).
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26 September 2022 |
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Applicants may not create embryos by IVF for intended surrogacy before a specific recipient is identified and court confirms agreement.
Assisted reproduction; surrogacy – requirement that surrogate motherhood agreement be confirmed before artificial fertilisation of surrogate; interpretation of "artificial fertilisation" in Children’s Act; Regulation 10(2)(a) – "specific recipient" requires identification prior to IVF; interaction between Children’s Act and National Health Act regulations; limits on ex parte orders and requirement to join Minister for constitutional challenge to regulations.
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26 September 2022 |