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Citation
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Judgment date
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| December 2024 |
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Leave to appeal an interim interdict restraining a tender award refused; solvency-ratio in RFQ was mandatory and improperly altered.
Appealability of interlocutory interdicts — Zweni and interests of justice standard; interpretation of tender documents — mandatory solvency-ratio requirement; substitution of market capitalisation for prescribed total equity perverts prescribed calculation and undermines verifiability; urgency and interim-interdict requirements; condonation to amend grounds of appeal.
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11 December 2024 |
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Reported
An application for separation under s157(2) is premature before plea and must be decided by the trial court.
• Criminal procedure – Joinder and misjoinder – s156 CPA – whether accused may be severed from others.• Separation of trials – s157(2) CPA – remedy available "during the trial"; trial commences after plea (s105).• Prosecutorial discretion – indictment may be amended prior to plea; court’s pre-plea intervention limited (ss85,86,87,81).• Accessories after the fact – amended indictment and s155(1) support joint trial to avoid duplication of evidence and expense.• Forum – application for separation is for the trial court to decide, not an interlocutory judge.
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9 December 2024 |
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Court validates cession agreement, affirming creditor's right to transfer debts without debtor consent limitations.
Contract Law – Cession Agreement validity – Creditor's right to transfer debts without debtor consent – Unjust enrichment.
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6 December 2024 |
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Court allowed correction of plaintiff's corporate name suffix, finding amendment bona fide and no proven prejudice.
Civil procedure — Amendment of pleadings (Rule 28) — Correction of corporate misnomer by adding suffix — Amendments allowed unless mala fide or causing irremediable prejudice — Alleged enforcement issues under Admiralty Act must be substantiated on affidavit.
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5 December 2024 |
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Summary judgment refused where affidavit verified mutually destructive alternative causes of action, creating fatal uncertainty.
Summary judgment – Uniform Rule 32(2)(b) – verification of cause of action; Pleadings – alternative and mutually destructive versions – effect on summary judgment; Uncertainty as to which defendant contracted – defeats summary judgment; Procedural fairness – verifying affidavit must verify only the version relied upon; Where summary judgment refused, court may direct expedited trial if no substantial legal point arises.
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5 December 2024 |
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Whether authenticated ICC arbitral awards must be made orders of court when statutory enforcement requirements are met and no s18 defence established.
International Arbitration Act 15 of 2017 – recognition and enforcement of foreign arbitral awards – s17 requirements – competence‑competence (Art 16 Schedule 1) – Article 16(3) right to prompt court challenge – limited defences under s18 – reverse onus on party resisting enforcement – quasi‑mutual assent and incorporation by reference of trade rules.
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5 December 2024 |
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Late appeal condoned; adjudicator erred by entertaining a dispute lodged by an agent lacking standing; award set aside.
Community Schemes Ombud Service Act s 38(1) – locus standi – who may refer disputes; power of attorney does not itself confer standing if not owner or materially affected; s 57(2) appeals – condonation for late lodgement on good cause; adjudicator’s legal duty to satisfy herself of applicant’s standing before adjudication.
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5 December 2024 |
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Where injuries arise from one collision, all injuries must be considered for general damages; multiple RAF4s cannot limit recovery.
Road Accident Fund Act s17 – serious injury assessment – single-incident whole-person impairment; multiple RAF4 forms – cannot compartmentalise injuries to limit damages; amendment of particulars – permitted where no prejudice and issues are traversed in expert reports; s17(4)(a) undertakings – future medical expenses not contingent on general damages; courts may order undertakings where Fund has blanket election.
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2 December 2024 |
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Reported
Provisional POCA restraint confirmed; laundered funds may be included at face value, but some defendants limited to base proceeds sum.
Prevention of Organised Crime Act — provisional restraint orders (s 26(3)) — competency of variation applications under s 26(10) — inclusion of face value of laundered funds in scope of restraint — distinction between base proceeds and subsequent money‑laundering proceeds — allocation of different restraint caps between co‑defendants.
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2 December 2024 |
| November 2024 |
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Court ruled termination of maintenance service agreements unlawful due to unproven fraud allegations.
Contract Law – Termination of contract upon suspicion of fraud – Requirement of proven fraud for lawful termination.
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12 November 2024 |
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Convictions set aside where guilty plea was accepted without forensic analysis and effective legal representation, compromising a fair trial.
Criminal procedure – s112(2) guilty pleas – court must be satisfied of guilt and reliability of admissions; evidential proof by scientific analysis – requirement to produce s212(4) certificate where element proven only by scientific means; right to effective legal representation – representation must be real, competent and safeguard accused’s fair-trial rights; review – convictions set aside where plea accepted without requisite forensic proof and counsel rendered representation illusory.
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8 November 2024 |
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Court sets aside a sham sale disguised as loans, dismisses eviction and restores ownership to respondents.
* Property law – simulated transaction – substance over form; sale set aside where genuine intention was to effect a loan disguised as sale. * Eviction (PIE Act) – applicant failed to establish entitlement where transfer was a sham and purchaser never took occupation. * Procedure – Rule 6(5)(g) and supplementary affidavits; no referral to oral evidence where no bona fide material dispute on papers. * National Credit Act – transaction not an arm’s-length credit agreement; NCA inapplicable on these facts.
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5 November 2024 |
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Court refuses to interdict referrals to a bargaining council, holding common-law powers do not extend to external tribunals.
Labour dispute — referrals to bargaining council — scope of superior court’s inherent/common-law power to restrain vexatious litigation — Maphanga — whether such power extends to tribunals outside court process — condonation, prematurity and rescission — adequacy of alternative remedies within bargaining council.
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4 November 2024 |
| October 2024 |
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The court invalidated a property sale agreement due to non-compliance with statutory signing requirements.
Contract Law – Sale of Immovable Property – Validity of electronic signatures – Compliance with Alienation of Land Act and Electronic Communications and Transactions Act.
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29 October 2024 |
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Court ordered production (or sworn non‑existence) of corporate, firm and personal financial records relevant to insured’s earning capacity.
Discovery – rule 35(3) and 35(7) – what documents may be relevant to proving an insured’s earning capacity; when court may go behind discovery affidavit asserting non‑existence; attorney permitted to depose to founding affidavit where competent; rule 30 – setting aside alleged irregular step not permitted after taking further steps; costs on Scale C ordered against defendant.
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25 October 2024 |
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Reconsideration of a reserve price dismissed for procedural non‑compliance and failure to provide updated valuation and sheriff's report.
* Civil procedure – Rule 46A(9)(c)–(e) – reconsideration of reserve price where reserve not achieved; necessity of sheriff's report and updated valuation.
* Civil procedure – Rule 6 – requirement that applications be instituted by notice of motion supported by affidavits; affidavit‑only initiation defective.
* Execution law – protection of homeowner investment; court must have adequate information before ratifying sale to highest bidder.
* Practice – division practice directives and uniformity of procedure govern reconsideration applications.
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25 October 2024 |
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Applicant failed to prove a contractual or statutory basis to terminate the respondent’s life right and evict her.
Property – Life-rights agreement – Contractual interpretation (Endumeni) – Whether prolonged absence permits termination; Trustees’ powers to regulate versus to terminate; Validity and evidentiary weight of unsigned/unregistered house rules (CSOS Act); Locus standi/defective founding affidavit; Bona fide disputes of fact precluding eviction.
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18 October 2024 |
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Court grants interim interdict enforcing restraint of trade pending final determination of validity and breach through oral evidence.
Restraint of trade – interim interdict – protectable interest – enforceability of restraint agreement – urgency – oral evidence – waiver – confidential business information – balance of convenience.
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18 October 2024 |
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Whether interest on the R14 million held in conveyancers' trust accrues to the seller; late replying affidavit condoned with costs.
Contract interpretation – sale agreement and addenda – whether an addendum effected substitution or merely amended payment date; interest on purchase-price monies held in conveyancers' trust account – interpretation guided by Endumeni, KPMG, Novartis and University of Johannesburg; condonation for late affidavit – inadequate explanation but condoned with costs consequence.
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18 October 2024 |
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The court dismissed the application for rescission of judgment due to lack of demonstrated good cause and bona fide defense.
Civil procedure – Rescission of judgment – Good cause – Bona fide defense – Mis-diarization by attorney.
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17 October 2024 |
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Applicant established creditor status and obtained provisional winding up as respondent failed to pay demanded debt.
Companies law – winding up – locus standi of creditor; contract interpretation of credit facility agreements; supporting bank as administrator not creditor; statutory demand under s345(1)(a); certificate of balance as prima facie proof of indebtedness; bona fide defence and requirement for oral evidence.
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17 October 2024 |
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Reported
A s60(12)(b) protection order is a separate DVA order, not a bail condition, and not appealable under s65.
Criminal procedure – s 60(12)(b) CPA – power to issue protection orders under Domestic Violence Act s 6 when granting bail in domestic-violence cases; protection order is a separate DVA order, not a bail condition; appealability under s 65 CPA limited to bail conditions; consent orders and duress.
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16 October 2024 |
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A statutory ports regulator may conduct legality reviews and set aside an authority's administrative decisions under the Ports Act.
Administrative law – statutory regulator’s jurisdiction – Ports Act ss 30(1)(c) and 46(2) – tribunal’s power to determine lawfulness of an organ of state’s administrative action – Oudekraal principle – purposive interpretation – remedies including setting aside decisions.
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14 October 2024 |
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Guilty plea and genuine remorse can constitute substantial and compelling reasons to depart from prescribed minimum sentences.
Sentencing – murder and robbery with aggravating circumstances – statutory minimum sentences – substantial and compelling circumstances – guilty plea and remorse as mitigation – prior convictions as aggravation – concurrent sentences – victim impact – s103(1) Firearms Control Act determination not made.
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10 October 2024 |
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Applicant established urgency and prima facie irregularities in tender evaluation; interim interdict granted pending review.
Procurement law – fairness and transparency in tender evaluation – RFQ/RFP minimum financial criteria (solvency and liquidity) – proper calculation using total equity – independent third‑party verification – interim interdict pending review – rule 6(5)(d)(iii) notices.
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9 October 2024 |
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Plaintiff failed to prove quantum due to outdated/unreliable expert evidence; court granted absolution from the instance with costs.
Delict – medical negligence conceded; quantum – past and future loss of earnings and future medical expenses; expert evidence – admissibility, reliability and currency of medico‑legal reports; joint minutes – effect where underlying facts outdated or unverified; expert qualification – opinions outside expert’s field may be disregarded; remedy – absolution from the instance where plaintiff fails to adduce reliable evidence of quantum.
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4 October 2024 |
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Final interdict confirmed against political party for defamatory social-media posts falsely linking manufacturer's product to a child's death.
Defamation; social media publications; final interdict requirements (Setlogelo); truth and public-interest defence; verification duties of publishers; mootness (compliance vs live controversy); punitive costs for reckless social-media defamation.
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2 October 2024 |
| September 2024 |
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Reported
Applicants' claims to exclude invested monies from forfeiture failed because genuine disputes about their knowledge of the illegal scheme could not be resolved on affidavits.
* Criminal law/POCA – forfeiture in rem – two-stage inquiry: instrumentality/proceeds and exclusion of interests; forfeiture not dependent on conviction.
* Consumer Protection Act – multiplication (Ponzi) schemes – participation criminalised; extremely high promised returns indicative of unlawfulness.
* Knowledge – actual vs constructive knowledge; dolus eventualis and "shut-eyes" doctrine – factual dispute on knowledge requires oral evidence if genuinely contested.
* Civil procedure – motion proceedings inappropriate where real disputes of fact exist; court may dismiss or direct oral evidence/trial under Uniform Rule 6(5)(g).
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23 September 2024 |
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Condonation granted but leave to appeal refused; court upheld award of interest from date of demand under the Interest Act.
Condonation – late filing – interest of justice test; Prescribed Rate of Interest Act – sections 2A, 1 and 2 – judicial discretion on date from which interest runs; award of interest from date of demand; relevance and distinction of Minister of Police v Khedama; no reasonable prospects of success on appeal.
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23 September 2024 |
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Condonation granted but leave to appeal refused where trial court lawfully awarded interest from date of demand.
* Civil procedure – condonation for late filing – discretionary standard: interest of justice, delay explanation and prospects of success.
* Interest – Prescribed Rate of Interest Act (Sections 1, 2 and 2A) – judicial discretion to order interest on unliquidated debts and to determine commencement date (date of demand or judgment).
* Appeal – leave to appeal refused where applicant fails to show reasonable prospects of success or to rebut trial court's factual and legal reasoning.
* Authority – application and distinction of Minister of Police v Khedama and relevant SCA authority on interest from date of demand.
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23 September 2024 |
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Sequestration refused where mutual taxed costs orders operated as set-off, leaving the applicant not a creditor.
Insolvency — s 8(b) Insolvency Act — sheriff’s nulla bona return; Set-off/compensatio — mutual taxed costs orders operate automatically; Legal insurance — third‑party payment is res inter alios acta and does not defeat set‑off; Sequestration — court’s discretion to refuse where proceedings are ongoing and opposition is bona fide.
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16 September 2024 |
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Clear, signed acknowledgement of debt held enforceable; late, contradictory counter-claim and adjournment refused.
Debt enforcement – acknowledgement of debt incorporating deed of suretyship and co-principal debtorship; written agreement as entire agreement; pacta sunt servanda; Plascon-Evans test on admitted facts; refusal to adjourn or consolidate where counter-claim filed late without condonation and with apparent conflict of interest.
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13 September 2024 |
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Reported
Reporting of an accused’s arrest and bail was factual and not defamatory; s154(2)(b) creates criminal, not automatic civil, liability.
Defamation — ordinary reasonable reader test; truth and fairness as justification; Criminal Procedure Act s 154(2)(b) — criminal protection of victim particulars, not civil bar to naming accused; public interest and freedom of the press in reporting court proceedings.
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13 September 2024 |
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Applicant's failure to submit mandatory tender documents justified disqualification and dismissal of its review application.
Procurement law — tender evaluation — compliance with returnable documents (municipal rates statement, financial statements) — bidder status (sole proprietorship) irrelevant where mandatory documents not supplied and respondent's reasons uncontroverted — procedural abandonment (no replying affidavit, no appearance) — dismissal with costs.
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9 September 2024 |
| August 2024 |
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Municipality wrongly billed the trust, failed to assist, and must pay the applicants' costs.
Municipal law – billing and credit control – erroneous municipal charge for meters not in use; failure of municipal officials to engage with ratepayer complaints; urgent interdict to prevent disconnection; objection upheld; costs following result — municipality ordered to pay applicants’ costs (scale B).
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30 August 2024 |
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Final liquidation where creditor proved liquid claim and debtor failed to bona fide dispute indebtedness.
Companies Act – s 345(1)(a) statutory demand – liquidated claim; Badenhorst rule – bona fide and reasonable dispute; Plascon‑Evans approach to disputes on affidavits; discretion to allow late further affidavits; applicability of NCA/reckless lending defence; winding‑up for inability to pay.
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30 August 2024 |
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A grossly prolix Rule 43 application abused the interim relief procedure and was struck off; attorney barred from charging client fees.
Family law – Rule 43 applications – requirement of brevity and expedition; prolix affidavits and irrelevant annexures constitute abuse of process; court may strike matter off the roll; remedy: prohibition on attorney charging client for defective Rule 43 papers; no automatic costs order against unrepresented or unaware applicant.
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28 August 2024 |
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The SIU retained locus standi; its late counterclaim and plea amendment were permitted in the interests of justice.
Civil procedure — Joinder and locus standi of intervening state body; res judicata — when prior joinder order does not preclude later challenge; Uniform Rule 24(1) — late counterclaim and requirement of consent or leave; condonation — interests of justice, public interest and allegations of fraud; amendment of plea — discretion, absence of mala fides and prejudice.
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27 August 2024 |
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The plaintiff validly cancelled an interim email lease and the defendant was ordered evicted for redevelopment.
Property law – rei vindicatio/eviction – whether interim exchange-of-emails lease (July 2014) was validly terminated; onus where plaintiff admits lease but pleads cancellation; contextual interpretation and public procurement/statutory policy implications for State-owned enterprise land repurposing; eviction order authorising sheriff to remove goods and awarding costs (including two counsel).
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27 August 2024 |
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Execution based on an old default judgment is invalid where creditor’s conduct and payments reinstated the loan and extinguished the causa.
Procedure — Execution against primary residence — creditor's ability to rely on historic default judgment where parties reinstated loan by conduct; Constitutional protection of housing (s26); Innocent purchaser’s restitution and indemnity; Registrar of Deeds directed to cancel transfer and revive prior title and mortgage; Authority: Nkata v First National Bank (2016).
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23 August 2024 |
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Provisional winding‑up granted where respondent failed to raise a bona fide defence to an admitted loan debt.
* Company law – Winding‑up – s 345(1)(c) (unable to pay debts) – creditor entitled to provisional winding‑up where debt is due and no bona fide defence raised.
* Contract/rectification – Claim that loan was repayable only on sale of third‑party asset rejected where written terms are clear and unambiguous.
* Civil procedure – Abuse of process – Alleged ulterior motive to acquire asset via liquidation must be supported by cogent evidence; pending related litigation does not preclude liquidation of distinct debtor.
* Discretion to refuse winding‑up under s 344(h) is narrow once insolvency and formalities are established.
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23 August 2024 |
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Court uplifted plaintiff's bar and condoned late plea despite attorney negligence, finding arguable defences and interests of justice.
Civil procedure — upliftment of bar and condonation of late pleadings — explanation of delay by attorney — negligence but not gross — Smith and Silber tests applied — interests of justice and arguable defences favour allowing plea — costs to successful party.
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14 August 2024 |
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Applicant entitled to urgent discovery of respondent's corporate and personal financial records; summary document insufficient.
Family law — divorce — interlocutory discovery — urgency — disclosure of corporate annual financial statements, salary slips, dividends, bonuses and perquisites relevant to income and means — summary document (hearsay) insufficient — confidentiality limited to legal representatives and expert witnesses.
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5 August 2024 |
| July 2024 |
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A written dispute notice invoking contractual arbitration delays prescription under s 13(1)(f), so the claim had not prescribed.
Prescription Act s 13(1)(f) – delivery of written dispute notice under contractual dispute-resolution clause activates arbitration impediment and delays prescription; Plascon-Evans approach to factual disputes; Murray & Roberts on arbitration clause activation; court application premature where arbitration invoked; costs on attorney-and-client scale including senior counsel.
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31 July 2024 |
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Premier may deviate from commission recommendations with reasons; in‑principle recognitions are preliminary and not ripe for review.
Administrative law — PAJA review — existence of administrative 'decision' — Premier's power to accept or reject provincial commission recommendations with written reasons — 'in‑principle' decision as preliminary layer not ripe for review — consultation requirements — Biowatch principle on costs.
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31 July 2024 |
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Reported
Unreasonable arrest and non-disclosure of exculpatory GSR evidence led to unlawful detention and malicious prosecution.
• Criminal law – Arrest without warrant – s 40(1) CPA – reasonable suspicion must be based on objective, credible information; arrest unlawful where suspicion not reasonably grounded.
• Detention – lawfulness separate from arrest – state liable for unlawful pre-appearance and prolonged detention caused by failure to disclose exculpatory forensic evidence.
• Malicious prosecution – elements: setting law in motion, no reasonable and probable cause, animus injuriandi/dolus eventualis, prosecution failed; prosecutor’s reckless or misleading conduct may establish malice.
• Vicarious liability – Minister of Police liable for servants’ wrongful arrest/detention; Director of Public Prosecutions liable for prosecutor’s malicious prosecution.
• Disclosure/forensic evidence – duty to obtain and make available material forensic results; suppression or failure to pursue GSR evidence can render prosecution unlawful.
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19 July 2024 |
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Owner entitled to rei vindicatio and court authorized immediate repossession of machinery; discovery application dismissed.
Property law – rei vindicatio – owner’s entitlement to recover movable property from third party in possession; civil procedure – motion proceedings and Plascon‑Evans test for disputes of fact; discovery – rule 35(12) and rule 30A compliance and limits; costs – award including two counsel and costs of postponement.
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18 July 2024 |
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Exceptions to timeshare/share‑block claims dismissed; CPA s69 and Companies Act s163 do not bar court actions; amendments allowed.
Exceptions — particulars of claim — whether disclose cause of action — pleadings read as whole; agency and contractual interpretation are triable factual issues. Consumer Protection Act s69 — alternative remedies — court access not precluded by mandatory exhaustion; section permissive. Supplier-consumer relationship — possible between purchasers/shareholders and a share-block company depending on facts. Companies Act s163 — relief may be sought in action proceedings; motion not mandatory. Amendment — allowed unless mala fide or unduly prejudicial.
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4 July 2024 |
| June 2024 |
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Prescribed life sentences for rape of a nine-year-old were properly imposed; no substantial and compelling circumstances existed.
Criminal law – Prescribed sentences (s51(1) & schedule 2) – Rape of a child – Requirement of substantial and compelling circumstances to depart from life imprisonment; Appellate review – limited to misdirection on substantial and compelling circumstances; Sentencing triad (S v Zinn) and Malgas principles; Guilty plea and remorse – neutral unless substantiated; Aggravating features: victim age, premeditation, multiple sexual acts, exposure to pornography; Victim impact evidence.
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26 June 2024 |
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Leave to appeal refused where applicant failed to rebut respondent’s expert evidence supporting the quantum award.
Civil procedure — application for leave to appeal — prospects of success under s16(2)(a) Superior Courts Act; Quantum of damages — wrongful arrest, detention and malicious prosecution — assessment and judicial discretion; Expert evidence — admissibility, probative value and consequence of failure to lead rebuttal experts; Compliance with court orders and procedural challenges (pleadings, Rule 23, joint expert reports).
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25 June 2024 |