|
Citation
|
Judgment date
|
| December 2015 |
|
|
Reported
Service of a Rule 35 production notice does not suspend the Rule 26 time to plead; failure to plead leads to ipso facto bar.
Civil procedure – Uniform Rules – Rule 35(12) and (14) production notices do not automatically suspend Rule 26 pleading periods; party must plead or apply to extend time (Rule 27) or compel production; Rule 30A notice must identify irregularity; default judgment under Rule 31(5) must be dealt with by Registrar unless referred to court.
|
15 December 2015 |
| November 2015 |
|
|
Reported
A business rescue application suspends pending liquidation proceedings, including a winding‑up application, under section 131(6).
Companies Act — business rescue — s 131(6): "liquidation proceedings" include the launching of a winding‑up application; a business rescue application suspends pending liquidation proceedings; interaction with ss 132–134 (moratorium and asset disposal restrictions).
|
17 November 2015 |
| July 2015 |
|
|
Reported
Taxing master must assess attorney-and-client and counsel fees reasonably; time-based assessment preferred; allocatur set aside.
Taxation – Rule 48 review – Attorney-and-client costs – Reasonableness principle under Rule 70 – Counsel’s fees assessed under Rule 69 – Time-based assessment preferred to per-page practice – Allowance for consultations with instructing attorney and necessary witnesses – Standard of review of taxing master’s discretion.
|
6 July 2015 |
| June 2015 |
|
|
Court reviewed taxation, increased reasonable party-and-party counsel allowances, substituted amounts, and ordered no costs.
Taxation of costs – Review under Rule 48 – standard: interference only where taxing master misapplied discretion or decision is vitiatingly wrong. Party-and-party costs – Rule 70(3) – allow necessary and reasonable costs; successful party not entitled to full indemnity. Counsel’s fees – Rule 69 – time-based charges acceptable; assessment requires regard to complexity, importance, volume and value of work; senior/junior rate guidance (senior R3 000/hr; junior 50%). Heads of argument – ordinarily included in preparation, but may warrant separate fee in exceptional circumstances. Duplicate perusals, sorting/arranging and drafting indexes – must be scrutinised; some re-perusals may warrant reduced allowance; many such items may be attorney-and-client and disallowable. VAT to be added to allowed fees
|
17 June 2015 |
|
Applicant’s appeal to rescind default judgment dismissed for lack of timely explanation and bona fide defence.
Rescission of default judgment; Magistrate's Courts Act s 36 and Rule 49 — requirement of reasonable explanation, bona fide application and bona fide defence; condonation — interests of justice and prospects of success; dies non/moratorium — evidential burden; need to join or produce evidence of third party where defence relies on third‑party liability.
|
11 June 2015 |
| February 2015 |
|
|
Court set aside magistrate’s refusal and determined otherwise on the applicant’s fitness to possess a firearm under s103(1).
Firearms Control Act s103(1) – "otherwise" determination; fitness to possess firearm; duty to conduct enquiry and give reasons; uncontradicted mitigation evidence; State’s failure to cross-examine; appealability of s103(1) order.
|
17 February 2015 |
|
Regional court may impose life for repeated rape but not for attempted murder; attempted-murder term reduced to concurrent ten years.
Sentencing jurisdiction — Magistrates’ Courts Act and prescribed minimums — Part 1 Schedule 2 (life imprisonment) applies to repeated rape but not to attempted murder; incompetency of life sentence for attempted murder. Sentencing procedure — duty of presiding officer to inquire into substantial and compelling circumstances where inadequate mitigation is presented. Sentence variation — appellate substitution of competent concurrent term and antedating
|
12 February 2015 |