Eastern Circuit Local Division, George

3 judgments

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3 judgments
Citation
Judgment date
June 2025
Respondent held in contempt for wilful non‑compliance with a Rule 43(6) order; fresh variation application dismissed for unclean hands.
* Family law – Rule 43(6) – strict interpretation – requires material change subsequent to original order; not a rehearing or appeal. * Contempt of court – wilful and mala fide disobedience of a Rule 43(6) order – evidentiary burden shifts to respondent to show bona fide inability or reasonable doubt. * Clean hands principle – non-disclosure, dissipation of funds and obstruction of forensic inquiry disentitle applicant to relief. * Forensic investigation – duty to provide outstanding documents and cooperate with court-ordered expert. * Costs – attorney-and-client costs awarded for successful contempt application where appropriate conduct shown.
19 June 2025
May 2025
Trustees exceeded their powers by approving and condoning building-plan deviations from the association's Architectural Guidelines without proper application.
* Administrative law – review of body corporate/ homeowners association decisions – ultra vires acts by trustees – approval and condonation of building plans contrary to constitutional enforcement duties. * Property / community schemes – Architectural Guidelines – requirement of compliance with prescribed roof pitch; condonation cannot be granted without an application engaging discretion. * Civil procedure – non-joinder and alternative dispute-resolution (internal clause / CSOS) – High Court competent to review legality; non-joinder and failure to use internal remedies not fatal where no interest shown.
28 May 2025
September 2024
Municipality not liable for plaintiff’s fall on a walkway serving a private centre; plaintiff failed to prove wrongfulness, negligence or causation.
Delict – municipality liability for omissions; legal duty and wrongfulness assessed against public policy; private encroachment onto municipal land; NBRSA s 23—limits of statutory indemnity for positive acts vs omissions; onus to prove causation and negligence.
12 September 2024