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Citation
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Judgment date
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| December 1947 |
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An employee expressly excluded from a Wage Determination is not 'regulated' by it; the Shops and Offices Act therefore applies.
Statutory interpretation – Shops and Offices Act s.2(4)(a) – meaning of 'regulated' – Wage Determination exclusion clause – employee expressly excluded from determination not 'regulated' thereby – exemption not to be read as indirect regulation.
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11 December 1947 |
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Whether an order compelling particulars is appealable and whether an appeal against costs permits review of the substantive interlocutory order.
Civil procedure — Magistrates’ Court — Order compelling particulars — Interlocutory procedural order — Appealability under s.83(b) — Test: whether order disposes of an issue or irreparably anticipates relief — Appeal against costs — appellate inquiry into correctness of substantive interlocutory order — costs principles.
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11 December 1947 |
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Trial court may compare physical exhibits using ordinary visual and measuring aids; complex experiments require party participation.
Evidence — Trial court’s inspection and simple experiments on physical exhibits; use of magnifying glass and measuring devices; role of judge versus expert; procedural fairness when court undertakes investigations not pursued by parties.
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11 December 1947 |
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Overlap between "foodstuff" and "farming requisite" definitions does not invalidate a Controller's lawful order to deliver rice.
Administrative law; statutory interpretation — overlapping regulatory powers; Regulation 5 (foodstuffs) v Regulation 6 (farming requisites); validity of Controller's requirement; Regulation 10 forfeiture; criminal liability for failure to comply with regulatory order.
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8 December 1947 |
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Whether a power to borrow 'under security' restricts an agent from borrowing unsecured; held it does not if agent acted within actual authority.
Agency — Power of attorney — Construction of power to borrow money — 'Under security of property movable or immovable' construed as permissive, not restrictive — Signature by procuration and actual authority (Bills of Exchange Proclamation s.23) — Principal liable on cheques where agent acted within actual authority — Denyssen v Botha considered.
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8 December 1947 |
| November 1947 |
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Misrepresentation about water rights justified rescission; pre-action tender not an absolute prerequisite; appeal dismissed.
Contract law – Misrepresentation and rescission – False representation as to water rights inducing lease – Requirement of tender of restitution before action for rescission not absolute – Continued occupation and election/affirmation: burden on party pleading affirmation – Appellate review of credibility findings.
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28 November 1947 |
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A purchaser's written undertaking to buy, kept open until a date, created an option to purchase but not a binding sale by the sellers.
Contract law — Offer and acceptance — Construction of correspondence — "Agreement to purchase" does not necessarily import reciprocal obligation to sell — Option to keep offer open until specified date — Declaration of concluded sale refused.
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26 November 1947 |
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An application to bar recommenced disciplinary proceedings was refused; trial court’s discretion to refuse amendment and costs order upheld.
Professional discipline — Disciplinary inquiry — Withdrawal and recommencement de novo — Application for decree of perpetual silence — Judicial discretion in refusing amendment to relief sought — Costs follow the event.
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25 November 1947 |
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Wife’s claim that husband’s 1942 transfer of joint-estate land to third party was fraudulent failed for lack of proof and creditworthy evidence.
Matrimonial property – joint estate – disposition of joint-estate asset by husband to third party – allegation of fraud by wife – proof of fraudulent intention and inadequacy of price – credibility of witnesses and valuation evidence – whether tender or accounting necessary – appeal against factual findings.
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11 November 1947 |
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Medical evidence linking assault to fatal spinal injury upheld culpable homicide conviction; sentence affirmed.
Criminal law – Culpable homicide – Causation – Medical evidence linking assault to fractured/dislocated neck and spinal cord injury – Sufficiency of evidence to sustain conviction – Appeal: sentence within trial court discretion.
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5 November 1947 |
| September 1947 |
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Whether the applicant's sale and distribution of purchased milk falls within the arbitration award or is exempt as farming operations.
Labour law — Arbitration award defining "dairy trade" — Scope of exemption "does not include farming operations" — Distinction between farming operations and trade in buying, selling and distributing milk — Coverage of employees engaged in mixed activities.
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30 September 1947 |
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Whether the circumstantial evidence was sufficient to support a theft conviction.
Criminal law – Theft – Sufficiency of evidence – Circumstantial evidence and inferences – Whether reasonable inference of guilt could be drawn despite alternative hypotheses.
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23 September 1947 |
| June 1947 |
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Ambiguity of "straight commission" defeated applicant's claim for commission for lack of consensus ad idem.
Contract law – agency mandate – construction of ambiguous term "straight commission"; consensus ad idem; evidentiary weight of disputed letters; commission on purchase price v. commission on cash receipts; entitlement to commission after termination; hotel expenses claim.
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20 June 1947 |
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Expert fingerprint evidence and common purpose allowed conviction for murder despite no proof the accused fired the fatal shot.
Criminal law – Evidence – Fingerprint expert testimony – court entitled to act on expert’s comparison without itself perceiving every point of identity but must be satisfied it can safely accept expert; Criminal law – Common purpose – conviction for murder may stand though accused did not personally fire fatal shot where accomplices shared and contemplated use of weapon.
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20 June 1947 |
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Magistrate’s discretion under s.11(2) is limited to statutory qualification, non-disqualification and fitness to hold the licence.
Liquor licensing — foreign liquor licence (s.11(2)) — magistrate’s powers limited to checking statutory qualification and non-disqualification and ensuring applicant is fit and proper — no broad discretion to refuse based on public-need or anti-competition considerations — right to be heard before refusal.
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4 June 1947 |
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Deposit fees on returnable bottles are taxable as gross income, not trust or capital receipts.
Income tax – Gross income – Deposit fees on returnable glass containers – Whether deposits are trust/security or taxable receipts – Capital v. revenue – Statutory construction; deposits held and used by trader are revenue receipts.
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4 June 1947 |
| March 1947 |
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Accused knowingly administered arsenic; convicted of murder and sentenced to death.
Criminal law – Murder by poisoning – Whether accused knowingly administered arsenic – admissions and corroborative witness evidence – procurement of arsenic from third party – motive (jealousy/affair) – rejection of ‘love philtre’ defence – sentence of death for premeditated poisoning.
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21 March 1947 |
