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Citation
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Judgment date
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| May 2022 |
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Statutory audit fees determined by the Auditor‑General are liquidated demands and default judgment applications must be referred to the Registrar.
Public Audit Act – audit fees – whether statutory audit fees determined by Auditor‑General are debts or liquidated demands – Rule 31(5)(a) – default judgment referral to Registrar; distinction from quantum meruit claims.
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26 May 2022 |
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Interim order reviving a cancelled contract was appealable; termination upheld for respondent's repudiation and lack of locus.
Civil procedure – appealability of interim/ex parte interdict – final effect of reviving contractual rights; Locus standi – unincorporated joint venture v company – necessity to cite members or prove authority; Contract law – repudiation by suspension of performance and consequent lawful termination; Arbitration clause – failure to invoke does not preclude cancellation where repudiation is established.
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26 May 2022 |
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Restrictive title-deed consent requirements do not prevent liquidators lawfully transferring property sold in liquidation.
Property law – restrictive title-deed conditions – whether such restrictions bind liquidators selling assets in liquidation; Insolvency law – duties of liquidator to realise assets for creditors; effect of restrictive covenants on sales in liquidation; Deeds registration – registrar’s obligation to register transfers following lawful liquidation sales; Procedure – validity of trustees’ resolution taken without homeowners’ nominees; costs implications.
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20 May 2022 |
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Trustees entitled to interim access to trust bank accounts; ex parte curator appointment not revived by invalid notice of appeal.
Trust law – trustees’ right to administer trust funds and access bank accounts; interim interdict – Setlogelo factors; ex parte orders – reconsideration and effect of notice of appeal; res judicata and lis pendens as bar to counter-applications; Rule 28 amendment requirements.
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19 May 2022 |
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Ex parte attachment rescinded for material non-disclosure, lack of trustee authority and failure to establish anti-dissipation requirements.
Ex parte relief – full and fair disclosure required; material non-disclosure and repetition of failed ex parte application vitiate order; trustees acting jointly — locus standi in representative trust actions; anti-dissipation/interdict requirements — prima facie right and well‑grounded apprehension of irreparable harm; abuse of process – punitive costs and de bonis propriis liability.
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17 May 2022 |
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High Court has concurrent jurisdiction to review administrative employment-related decisions under PAJA and section 33.
Constitutional and administrative law – jurisdiction – High Court concurrent jurisdiction with Labour Court where claim framed as administrative action under section 33 and PAJA. Labour law – section 157 LRA – does not automatically oust High Court jurisdiction; jurisdictional inquiry based on pleadings. Remedies – availability of labour remedies does not preclude plenary review in High Court. Authorities – Gcaba; Chirwa; Boxer Superstores; Baloyi.
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16 May 2022 |