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Citation
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Judgment date
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| December 2024 |
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Reported
Provisional winding up of a solvent close corporation granted where mutual trust between members irretrievably broke down.
Close corporation — just and equitable winding up of solvent company — section 67 CC Act read with section 81(1)(d)(iii) Companies Act; partnership‑like private company — loss of mutual trust and confidence; interlocutory strike‑out of affidavit material — scandalous/vexatious/hearsay/new matter principles; admission of late affidavit in interests of justice (Rule 6(5)(e)); Kalil prima facie test for provisional winding up.
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30 December 2024 |
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Reported
Sole director held personally liable under s 424 for reckless trading; debt fixed at R4,035,000 plus interest, reduced by any liquidation dividend.
* Companies Act s 424(1) – Reckless trading – Director personally liable where company incurs debts with no reasonable prospect of payment; objective/subjective test from Philotex applied. * Novation/waiver – settlement agreement and subsequent court order may extinguish or supersede prior contractual entitlements (capital-growth v. mora interest). * Section 424 discretion – causation between reckless conduct and claimed debt relevant to fairness of personal liability; reduction for dividends in liquidation.
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18 December 2024 |
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Bail was denied as applicant failed to prove it was in the interest of justice post-conviction.
Criminal law – Bail pending appeal – Evidential burden on applicant – Interest of justice post-conviction – Abscondment risk.
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17 December 2024 |
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Applicant introduced purchaser during mandate and was held the effective cause entitled to commission.
Estate agency — joint mandate interpretation — effective cause (causa causans) of sale — purchaser introduction during mandate — whether affidavit proceedings appropriate or referral to trial required (Wightman) — indemnity given by third party — costs on Scale B.
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13 December 2024 |
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Owner entitled to evict unlawful occupier school, but eviction structured to protect learners and ensure placements by education authorities.
* Property law – actio rei vindicatio and eviction – unlawful occupation of property by an independent school.
* Procedural law – PIE protections for occupiers and requirement for notices and hearings for persons resident by, through or under an occupier.
* Constitutional law – balancing property rights with learners’ constitutional right to basic education and children’s best interests; horizontal application of socio-economic rights.
* Administrative/education law – duties of provincial education authority to place learners and practical requirements for relocation.
* Costs – award of attorney-and-client costs and potential de bonis propriis liability for individual representative.
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13 December 2024 |
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Altered OEM price list constituted material misrepresentation; ruling upheld, but five‑year sanction set aside as irrational due to material factual error.
• Administrative law — review of procurement decisions — interpretation of tenders: text, context and purpose govern interpretation; bidders must strictly comply with tender pricing requirements.
• Procurement law — misrepresentation in bids — submission of altered OEM price lists and undisclosed incorrect discounts can be material and render a bid non-responsive.
• Sanctions/blacklisting — sanction decisions must be rationally connected to correct facts; a material factual error can taint and invalidate a sanction.
• Consequences — setting aside an unlawful sanction may require setting aside related contract terminations and refusals to conclude contracts.
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13 December 2024 |
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High Court lacked jurisdiction over tax assessment dispute absent s105 direction; no exceptional circumstances and PAJA time‑bar exceeded.
Tax law – jurisdiction – s 105 Tax Administration Act – Tax Court is default forum for disputes about assessments/decisions – exceptional circumstances required to permit High Court review; PAJA s 7(1) – reasonableness and 180‑day time‑bar; ETI claims – section 9(4) and forfeiture; substitutionary relief rarely appropriate where verification/audit required.
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13 December 2024 |
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Eviction granted: respondents unlawful occupiers; claimed pre-emptive rights unenforced; postponements for representation refused.
* PIE – eviction of unlawful occupiers – court must balance rights of occupier and owner and determine just and equitable relief.
* Possession/rei vindicatio – registered owner entitled to possession absent enforceable right against owner.
* Pre-emptive/right of first refusal – personal contractual right against prior owner does not necessarily bind innocent purchaser; no enforcement steps taken.
* Postponement and legal representation – right to representation not absolute; non-indigent litigant’s delay and lack of frank disclosure do not justify further postponement.
* Costs – costs including wasted costs may be awarded where conduct causes unnecessary delays.
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13 December 2024 |
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Appellant charged with Schedule 6 offences failed to prove exceptional circumstances; magistrate properly refused bail.
Bail appeal — section 65(4) CPA — interference only if lower court wrong; Schedule 6 offences — section 60(11) onus to show exceptional circumstances; section 60(4) grounds (evade trial, endanger public, influence witnesses); weight of investigative evidence (CCTV, firearms, police pursuit); medical and community‑tie arguments insufficient without convincing evidence.
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12 December 2024 |
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Reported
Player’s intentional punch in school water polo was unlawful and negligent; school not liable absent notice of prior risk.
Delict — assault during contact sport — negligence and wrongfulness of intentional punch exceeding sporting risk; private defence pleaded and rejected; school’s vicarious/primary liability assessed — no breach where no notice of prior dangerous propensities and proper refereeing/disciplinary systems in place; costs apportionment for unnecessary defence evidence.
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12 December 2024 |
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Bail cancellation upheld due to reoffending and absconding risk; deficient plea agreement referred to DPP for investigation.
Criminal procedure – Bail cancellation under s 68(1) CPA – Reoffending on bail and risk of absconding justify withdrawal; Plea and sentence agreements – s 105A compliance – prosecutor must consider triad (personal circumstances, nature of offence, previous convictions) and NDPP directives; omission of material particulars (previous convictions, quantity/value of seized goods) renders agreement deficient and may constitute dereliction of duty; Referral to DPP for investigation where prosecutorial conduct appears improper; Courts must ensure s 105A agreements contain sufficient particulars so sentence can be assessed as 'just.'
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12 December 2024 |
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Court varied prior order under Rule 42: removed executors, ordered new appointment, compelled full accounting, and imposed de bonis propriis costs.
* Civil procedure – Rule 42 variation – correction of ambiguity/error in prior order to reflect court’s intention. * Executors – removal of executors and appointment of new executor by the Master. * Administration of estates – obligation of former executors to deliver detailed, documented account to successor. * Costs – costs de bonis propriis ordered, jointly and severally, on attorney-and-client scale.
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11 December 2024 |
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Undisputed microdot evidence establishing vehicle identity defeated the applicant’s claim; leave to appeal refused for lack of prospects.
* Evidence – microdot identification of motor vehicles – microdots as immutable unique identifiers and persuasive proof of VIN/chassis identity. * Civil procedure – motion proceedings – applicant bound by respondent’s version unless demonstrably untenable; need to plead and prove factual basis for new grounds. * Administrative action/procedural fairness – duty to plead and establish factual basis for procedural-fairness complaint. * Appeal – leave to appeal requires reasonable prospect of success under s 17(1)(a) of the Superior Courts Act.
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11 December 2024 |
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Applicants’ bid to refer disputed loan-account charges to oral evidence was dismissed; sale and transfer remain valid.
* Civil procedure – motion proceedings – referral to oral evidence – applicants must establish case in founding papers; new factual allegations in reply ordinarily struck out; court exercises discretion under Rule 6(5)(g).
* Mortgage enforcement – sale in execution – correctness of statement of account – coding of charges (HMP/HOC) and res judicata where incorporated in earlier order.
* Execution procedure – sheriff’s authority and notice requirements under Rule 46; sheriff’s returns and hearsay.
* Municipal law – section 118 Municipal Systems Act – rates clearance certificate is for municipality’s benefit; failure to obtain does not automatically void transfer; applicants’ standing limited.
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10 December 2024 |
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Applicant’s defamation claim failed for lack of proof linking the website publication to the applicant; application struck out with costs.
Defamation — identification requirement where publication is not by name; necessity to prove link or association to applicant; evidentiary particularity and corroboration of distinctive features; declaratory and interdictory relief unavailable absent identification; costs — senior counsel on scale C recoverable.
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9 December 2024 |
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Reported
Legislative acts are sovereign and not 'commercial transactions', so the respondent retains foreign‑state immunity.
Foreign-state immunity – Foreign States Immunities Act – commercial-transaction exception (s 4) – meaning of 'commercial transaction' – sovereign or governmental acts (legislation and implementation) are excluded – exception to jurisdiction must be clearly established on pleadings – exception upheld where particulars do not disclose a commercial cause of action.
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9 December 2024 |
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Respondent misappropriated trust funds and failed to comply with investigative requests; court struck him from the roll of attorneys.
Legal profession – trust funds – misappropriation of client trust monies; failure to comply with investigative request under rule 40.2.4; misrepresentation to regulator and court; fitness to practise – striking off vs suspension; High Court jurisdiction under common law and s 44 LPA to order striking off.
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6 December 2024 |
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Respondent struck off for fabrication of trust accounts, misappropriation of trust funds and breaches of LPC Rules.
Legal Profession — Trust accounts — Fabrication of ledgers and reconciliations; large-scale ‘round’ transfers from trust to business accounts; trust deficits and misappropriation — Breach of LPC Rules (record-keeping, reconciliation, separation of trust/business funds, withdrawals) — Failure to establish court-ordered trusts — Fitness to practice — Striking off and appointment of curator; costs.
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4 December 2024 |
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Reported
Municipal installation of a sewer over private land without notice or consultation was unlawful; declaration suspended for remedial period.
* Property and servitudes – subdivision condition granting municipality rights to convey sewers – exercise of servitude-like rights must be civiliter modo (respectful, reasonable, consultative).
* Administrative law – municipal action installing infrastructure on private land can attract procedural fairness obligations (notice and consultation); PAJA-relevant principles reinforce common-law duties.
* Expropriation – no formal expropriation where servitude-like condition applied; Expropriation Act not engaged.
* Applications procedure – inspection in loco generally inappropriate in motion proceedings as it may produce real evidence and subvert motion-rule fact assessment.
* Remedies – declaration of unlawfulness may be suspended to avoid public-health/utility harm; court may direct removal after remediation period.
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3 December 2024 |
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Reported
Whether board meetings held without the constitutionally required KCI‑UK spiritual leaders were void and prior orders could override the constitution.
Voluntary associations – Constitutions as contracts – Mandatory qualification clauses for board composition – Clause requiring at least two KCI‑UK spiritual leaders binding; an improperly constituted board must first fill qualifying vacancies (clause 8.4) before acting – Prior court orders do not displace constitutionally required board qualifications – Meetings and constitutional amendments adopted by an improperly constituted group are void.
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2 December 2024 |
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Urgent interdict against council set aside: municipality lacked standing, interim relief unjustified, applicant ordered to pay costs personally.
Municipal law — capacity to litigate — municipality v council; Urgent relief — reconsideration under Rule 6(12)(c); Interim interdict — requirements (prima facie right, irreparable harm, balance of convenience); Separation of powers — limits on judicial interference with municipal council’s s58 powers (OUTA); Abuse of process — inadequate service, non-disclosure and delay; Costs — personal liability and attorney-and-client scale.
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2 December 2024 |
| November 2024 |
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An occupier’s refusal to provide housing information and waiver of municipal assistance can justify eviction under PIE.
* PIE – eviction – s 4(7) and 4(8) – court’s duty to inquire into occupiers’ circumstances and to consider City report when occupier faces homelessness.
* Occupier conduct – refusal to complete municipal housing questionnaire or to accept municipal assistance may justify proceeding without fuller City report.
* Civil procedure – refusal of further postponement for legal representation not necessarily a miscarriage of justice where occupier’s conduct causes delay.
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29 November 2024 |
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A restraint of trade barring ex-employees from working was largely rejected; only solicitation of former clients was interdicted.
Labour law – Restraint of trade – Protectable interest – Reasonableness – Employee solicitation of clients – Hairdressing industry – Evidence of confidential information or solicitation required.
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28 November 2024 |
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Reported
Rescission for alleged fraud refused for inordinate delay and failure to prove fraud; provisional sequestration granted.
Rescission — common law rescission for alleged fraud — high threshold to prove fraud in motion proceedings — inordinate delay/timeousness — exercise of discretion to refuse rescission — res judicata/abuse of process — provisional sequestration after nulla bona returns.
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28 November 2024 |
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Master’s refusal to grant a special liquidator’s fee was rational; review dismissed and costs awarded to the Master.
Companies law – Liquidators’ remuneration – section 384(1)-(3) Companies Act – Master’s discretion under s384(2) to increase or decrease remuneration – review under s151 Insolvency Act (statutory review/de novo powers) – PAJA and principle of legality – locus standi of liquidators to sue in representative capacity – relevance of time sheets, joint duty of liquidators, creditor protection and prevention of abuse.
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28 November 2024 |
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Master’s refusal to increase liquidators’ special fee at first account upheld; review dismissed and costs awarded.
Companies Act s384(1)-(2) – liquidators’ remuneration – scope for departure from tariff; Insolvency Act s151 statutory review powers; locus standi of liquidators to challenge remuneration; Master’s supervisory duty to protect creditors; rationality and relevance of considerations in fee assessments.
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28 November 2024 |
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Plaintiff awarded R1 million general damages (defendant liable for R800,000) for serious permanent leg injuries; Scale C costs.
* Road Accident Fund – assessment of general damages for serious orthopaedic injuries under s17(1)/(1A).
* Quantum – evaluation of pain, suffering, disfigurement, permanent disability and loss of amenities; use of comparable awards as guideline.
* Liability conceded in part (80%) – effect on payable sum.
* Costs – party-and-party costs including expert fees; Rule 67A(3) discretion applied to award counsel’s fees on Scale C for work after 12 April 2024.
* Interest – calculated from 14 days after judgment to date of final payment.
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28 November 2024 |
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The execution creditor failed to prove a partnership; second claimant succeeds to most attached goods; third claimant’s car deferred.
Interpleader (Uniform Rule 58) – onus depends on possession at time of seizure; admissibility—s 65 record inadmissible without s 3(1)(c) application; proof required to establish partnership/universal partnership to defeat claimant’s title; capacity—appointment of curator ad litem required before adjudicating assets of an incapable third party; costs—successful claimant not necessarily entitled to costs where credibility concerns exist.
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28 November 2024 |
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Former spouse entitled to terminate co-ownership via actio communi dividundo and obtain equal net proceeds on sale.
* Property law – actio communi dividundo – availability where extrinsic relationship has ceased – free v bound co-ownership.
* Civil procedure – motion proceedings – Plascon-Evans rule and bona fide disputes of fact requiring action.
* Family/property – treatment of non-financial and indirect contributions when dividing marital property acquired during marriage.
* Remedies – sale by private treaty and equal division of net proceeds; receiver not appointed when unnecessary and expensive.
* Costs – successful applicant awarded costs, including counsel.
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27 November 2024 |
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Applicants perempted challenge and orders holding settlement terms as judgment on breach were valid and enforceable.
* Civil procedure – settlement agreements made orders of court – effect and enforceability – clause making settlement order operate as judgment on breach. * Peremption – acquiescence in settlement orders precluding rescission. * Settlement content – inclusion of related debts (ISA, additional funding, fees) permissible where connected to lis. * Interpretation – orders to be read to give practical effect; not rendered ambiguous by preservation of original causes of action. * Variation/rescission – inherent power and Rule 42(1)(b) inapplicable where provisions are substantive and res judicata.
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26 November 2024 |
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Executor removed where beneficiary-executor refused to account, conflicted over estate business proceeds, and delayed administration.
Wills – interpretation of testamentary provisions concerning an on-going business; doctrine of election; Plascon-Evans approach to disputed factual allegations; fiduciary duties of executors; removal of executor for conflict of interest, delay and failure to account; duties to lodge liquidation and distribution account and to hand over estate records.
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26 November 2024 |
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A restraint of trade preventing a former hairstylist from working locally was unreasonable absent a protectable interest or client solicitation.
Labour law – Restraint of trade – Reasonableness and enforceability – Requirement of a protectable proprietary interest – Skills and customer relationships in hairdressing industry – Absence of confidential information and client solicitation – Public policy considerations.
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26 November 2024 |
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The plaintiff's particulars sufficiently disclosed causes of action; the defendants' exceptions were dismissed with costs.
• Civil procedure – exception for failure to disclose cause of action – excipient must show that on every construction no cause of action is disclosed; pleaded facts accepted as true. • Contract/delict – consequential damages (lost rental) – foreseeability and causation may be sufficiently pleaded by alleging the parties contemplated loss from delay; exact quantum need not be foreseen at contracting. • Joinder and attribution – pleading that a contracting party acted as authorised representative may suffice to implicate associated corporate entities. • Remedy – defective particulars ordinarily addressed by amendment; exceptions should not be used to improperly dismiss a cause of action.
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25 November 2024 |
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Applicants failed to show prospects for an urgent anti-dissipation interdict; leave to appeal dismissed with costs.
Civil procedure – urgent interim interdict and anti-dissipatory relief – requirements for prima facie right, absence of alternative remedy, imminent irreparable harm and balance of convenience; representation of corporate party by non-lawyer – challenge not raised in founding papers; obligation to request reasons under rule 49(1)(c) – absence of written reasons not fatal where reasons not formally sought; late-filed answering affidavit and election to proceed – applicant cannot thereafter complain.
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25 November 2024 |
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Respondent held in contempt for bringing proceedings after being declared a vexatious litigant; suspended committal and costs ordered.
Vexatious litigant — instituting proceedings without leave contrary to s 2(1)(b) of the Vexatious Proceedings Act; contempt of court — civil and criminal aspects; limits on access to court; role of informer in contempt proceedings; competency to impose suspended committal or fine where punitive relief not specifically prayed for.
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22 November 2024 |
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A vexatious-litigant order barring instituting proceedings without leave justified striking a business rescue application and awarding punitive costs.
Business rescue – Companies Act s131; vexatious litigant order – prohibition on instituting proceedings without leave; separate legal personality cannot be used to circumvent a personal prohibition; irregular step – striking application from the roll; costs awarded on attorney-and-client scale.
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21 November 2024 |
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Further‑and‑better discovery application dismissed as overbroad and speculative; plaintiff’s discovery affidavit upheld.
Civil procedure – Rule 35(3)/(7) – further and better discovery – requirements of specificity, identification and relevance; discovery affidavit ordinarily conclusive absent reasonable grounds or mala fides; overbroad and vague discovery requests as fishing expedition and abuse of process; privacy limits to discovery; NCA/PSIRA factual relevance considered.
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21 November 2024 |
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Court interdicted use of AFRULA for marula liqueur, finding statutory infringement and dilution of well‑known AMARULA trade marks.
Trade marks – statutory infringement – s34(1)(a): likelihood of deception or confusion between AFRULA and well‑known AMARULA; Trade marks – s34(1)(c): protection of well‑known marks against taking unfair advantage/dilution; Passing‑off – requires market presence and actual or probable damage; Constitutional freedom of expression limited where commercial trade‑mark rights are infringed; Interim and final interdictory relief and costs awarded.
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21 November 2024 |
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Reported
A usufructuary’s express right to dispose of estate assets and reinvest proceeds is enforceable; executor approval may not be unreasonably withheld.
• Succession and wills – interpretation: give full effect to dominant clause but honour express special bequest limiting ownership until usufructuary’s death; • Usufruct – scope: "full usufruct" permitting disposal of assets and reinvestment of proceeds; • Executors’ approval: approval of reinvestment must not be unreasonably withheld and must aim to preserve capital while prioritising usufructuary's comfort; • Enforcement: court may compel heirs to sign transfer documents and authorise Sheriff to sign.
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20 November 2024 |
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Reported
Payments made by a company after the commencement of winding‑up are void dispositions and must be repaid; Savers Lane was the company in liquidation.
Companies Act s 341(2) – dispositions after commencement of winding‑up are void; trading name forms part of company identity; Pride Milling – court’s limited discretion to validate applies only to dispositions made between lodgement of winding‑up application and grant of provisional order; payments made after provisional order cannot be validated; preference/ordinary course analysis relevant.
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19 November 2024 |
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Court orders unpaid capital judgment with interest limited by in duplum; surety bound after cession and settlement.
Civil procedure – authority to institute proceedings; suretyship – cession and succession in title – effect on surety’s liability; contractual interest – in duplum rule limits recoverable interest to unpaid capital; evidentiary weight of certificate of balance and need for updated, pleaded calculations.
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19 November 2024 |
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Reported
Interim interdict refused where bidder submitted non‑responsive tender and public interest in timely housing outweighed speculative harm.
Administrative law – tender review – interim interdict – Setlogelo/Webster test – prima facie right, irreparable harm, balance of convenience; non-responsiveness (failure to meet tender specifications) fatal to bid; exhaustion of internal remedies (s 62 Systems Act); separation of powers and public interest in timely housing delivery; costs and counsel’s fees (Rules 67A, 69).
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19 November 2024 |
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Condonation granted for late filing of plea; exploration of mandate legality raised complex issues.
Condonation for late filing – Requirements for uplifting a bar under Uniform Rule 27 – Bona fide defense – Legality of mandate agreement.
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19 November 2024 |
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An exception that no cause of action is disclosed was dismissed; pleadings disclose a statutory Companies Act claim against a former director.
Companies Act — director’s statutory liability to company for contraventions of duties (ss 75, 76, 77) — exception test — whether particulars disclose cause of action — distinction from condictio furtiva/theft claims; pleadings to be read as whole; request for particulars available.
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18 November 2024 |
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Application to reinstate a lapsed appeal refused for unexplained delay, attorney negligence, and no prospects of success.
Civil procedure – reinstatement of lapsed appeal – condonation for failure to prosecute – factors: extent and cause of delay, prejudice, prospects of success – attorney negligence – appellate reluctance to disturb credibility and factual findings supported by expert evidence.
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18 November 2024 |
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Unauthorised initiation of litigation leads to dismissal and personal cost order; respondents' improper conduct limits full costs.
Sectional Titles – two-unit body corporate – authority to litigate – defective trustee resolutions – requirement of two trustee signatures for levy clearance – conveyancer effecting transfer despite invalid clearance – unauthorised litigant sued for costs – unclean hands / par delictum in costs exercise; bank’s security prejudiced if transfer cancelled.
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18 November 2024 |
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An FSP cannot contractually preclude statutory debarment; a s14(3) notice is preparatory (not PAJA administrative action) but reviewable for legality.
Financial services regulation – FAIS Act s14 debarment process – distinction between initiation (s14(3) notice) and final debarment (s14(1)) – initiation not administrative action under PAJA but exercise of public power reviewable under legality – FSP cannot lawfully agree not to commence debarment where duty exists – ulterior purpose ground requires clear proof.
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15 November 2024 |
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A post‑commencement transfer from a company account is void under s 341(2); repayment with interest and costs ordered.
Companies Act s 341(2) — dispositions after commencement of winding‑up void; banker–customer relationship/commixtio — funds in company account deemed company property; no bank agreement or earmarking — exception inapplicable; transfer by third party’s representative does not negate disposition; court may refuse validation to protect concursus creditorum.
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14 November 2024 |
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Defaulting third defendant held liable for defamatory media publications; plaintiffs awarded general and special damages, interest and attorney‑and‑client costs.
Defamation — publication to media and social platforms; presumption of wrongfulness once publication proven; defendant bears onus to rebut; damages in defamation compensatory and generally modest; proof of special damages by accounting records; procedural default and refusal to uplift bar — court declines further postponement; costs on attorney‑and‑client scale appropriate for abusive or dilatory conduct.
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13 November 2024 |
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Leave to appeal refused: clause construed as enforceable restraint, rectification in reply allowed, s18 relief granted; costs for respondent.
Employment law – restraint of trade – interpretation of written restraint clause – reading in omitted word to give clause operation; Rectification – permissible in replying affidavit where answering affidavit shows party did not previously dispute written record; Section 18 Superior Courts Act – exceptional circumstances and irreparable harm established where employee solicits employer’s clients; Costs – party and party costs including counsel on scale B awarded.
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12 November 2024 |