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Title
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Jurisdiction |
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Date
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The Electoral Commission erred in disqualifying a candidate under s 47(1)(e); objections must be interpreted with the appeals proviso and bias not established.
Electoral law – s 30 Electoral Act – pre‑election objections – Commission’s authority to determine eligibility under s 47(1)(e) of the Constitution; Constitutional law – s 47(1)(e) disqualification for sentences over 12 months – interpretation and proviso about appeals; Executive power – Presidential remission under s 84(2)(j) – legal effect on sentence; Administrative law – reasonable apprehension of bias – media statements insufficient to disqualify decision‑makers.
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Judgment |
26 April 2024 |
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Act |
3 April 2024 |
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Administrative Law – legality review – unreasonable delay – whether the Department of Transport, KwaZulu-Natal irregularly awarded a tender to Nexor 312 (Pty) Ltd and whether the tender falls to be reviewed and set aside – whether the Special Investigating Unit’s report into the awarding of this tender is irrational and falls to be reviewed and set aside
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Judgment |
27 February 2024 |
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Administrative Law – administrative review – irregular award of public procurement contract
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Judgment |
7 February 2024 |
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Ex parte urgent interdiction bars insurer from paying respondent’s pension benefits pending recovery proceedings.
Special Tribunal – urgent ex parte interdict – Tribunal Rule 10(7) and Rule 12(2) – interim restraint on payment of pension benefits pending recovery/disgorgement proceedings – Rule 12(9) leave to set matter down for reconsideration; costs reserved
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Judgment |
12 December 2023 |
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Application for the consolidation of two actions in terms of Uniform Rule 11 read with Tribunal Rule 28(1) – the application is opposed only to the extent that the second respondent seeks the notice of motion set aside as an irregular step in terms of Uniform Rule 30 read with Tribunal Rule 28(1) – irregular step application dismissed. It was brought frivolously and vexatiously. Punitive costs warranted. Proper case made for the consolidation of the two actions. Consolidation application granted. Costs are costs in the cause
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Judgment |
20 November 2023 |
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Judgment |
13 November 2023 |
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Application to strike out in terms of Uniform Rule 23(2) read with Tribunal Rule 28(1). Whether the material sought to be struck out is scandalous and irrelevant and will cause prejudice to the twelfth respondent if not struck out. The application partially upheld with costs. Application to compel discovery in terms of Uniform Rule 35(12) read with Tribunal Rule 17(4) – the Special Investigating Unit’s grounds of opposition lack merit. Application succeeds with costs
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Judgment |
3 November 2023 |
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Administrative law – legality review – whether public procurement contracts were awarded irregularly - consequential relief in terms of s8(2) of the Special Investigating Units and Special Tribunals Act 74 of 1996 – whether circumstances warrant costs on a punitive scale
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Judgment |
25 October 2023 |
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Interim interdiction granted preventing payment or withdrawal of two respondents' retirement benefits pending further determination.
Special Tribunal – interim interdict – preservation of retirement benefits – unopposed Part A application granted – respondents interdicted from withdrawing or receiving benefits – no order as to costs
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Judgment |
23 October 2023 |
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Application to set aside emergency PPE procurement dismissed; procurement lawful and SIU’s investigation and disclosure conduct criticised, punitive costs ordered.
Administrative law — Public procurement — Emergency procurement and deviations from competitive bidding — Treasury Regulation 16A.6.4; National Treasury Instruction TNI 3/2020/21 — Transversal contracts and SLA scope — Central Supplier Database registration — SIU investigative and disclosure obligations — Costs (punitive).
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Judgment |
13 October 2023 |
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Application to set aside lease and SCM provisions dismissed; tribunal found substantial compliance and no maladministration.
Special Investigating Unit — review of public-entity procurement and lease — Proclamation-based investigation — substantial compliance with Supply Chain Management policy and Delegation of Authority Framework — negotiated/sole-source leases and deviation provisions — no evidence of maladministration or unlawfulity — lessee’s responsibility for fit-out; claim for unused space dismissed.
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Judgment |
9 October 2023 |
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Applicant's urgent application was granted: pension benefits frozen pending related proceedings and non‑compliance condoned.
Procedural law – condonation of non-compliance with Tribunal rules – urgent hearing. Interim relief – interlocutory/interdictory relief to freeze pension benefits pending related proceedings. Enforcement restraint – prohibition on disbursement of pension funds pending investigations. Case management – requirement to serve proposed amendments to notices of motion within defined period. Costs – costs to follow main proceedings
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Judgment |
27 September 2023 |
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Applicant obtained urgent variation preserving specified bank accounts and directing the bank to freeze them pending civil proceedings.
Special Tribunal – urgent variation of interim preservation order – dispensing with rules on forms and service – restraint and interdiction against dealing with specified bank accounts – bank directed to freeze accounts and not release mandates – costs reserved
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Judgment |
13 September 2023 |
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Admitting and relying on hearsay in sentencing proceedings was a material misdirection, reducing an otherwise custodial sentence.
Criminal law — Sentencing — Admissibility of hearsay in aggravation — s3 Law of Evidence Amendment Act 45 of 1988 — pre-sentence reports and victim-impact evidence — impermissible reliance on hearsay vitiates sentencing exercise; Criminal law — Sentencing — Use of minimum-sentence 'yardstick' where minimums inapplicable and defence precluded from addressing such considerations — misdirection warranting appellate interference; Fraud — breach of trust by employee — seriousness and mitigation assessed.
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Eastern Cape
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Judgment |
8 August 2023 |
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Fraud and contraventions - Municipal Financial Management Act
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KwaZulu-Natal
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Judgment |
14 July 2023 |
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Civil procedure – interlocutory application – circumstances when supplementary founding affidavit may be filed; and when separation of claim, discovery and condonation relief may be granted
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Judgment |
13 July 2023 |
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Forfeiture under POCA upheld: traced fraud proceeds bought listed assets; innocent‑owner defences failed; forfeiture not disproportionate.
POCA — civil forfeiture — proceeds of unlawful activities — tracing and commingling of fraud proceeds into bank accounts, investments and immovable property — innocent-owner defence (s52) — evidentiary burden — proportionality/section 25 constitutionality — recusal application
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KwaZulu-Natal
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Judgment |
30 June 2023 |
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Challenge based on the doctrine of legality – decision to purchase Personal Protection Equipment declared invalid – equitable relief under section 172(1)(b) of the Constitution considered – liability of officials of a municipality – section 32 of the Municipal Finance Management Act applied. Public Procurement – irregular and invalid procurement – legality review
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Judgment |
23 June 2023 |
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Interim interdict restraining pension fund administrators from disbursing benefits to the first respondent pending resolution of related litigation.
Interim interdict – restraint on payment of pension fund benefits pending litigation; Pension fund administration – temporary prohibition on disbursements to a member; Preservation of costs – costs left undetermined pending finalisation of main action; Special Tribunal – interlocutory relief under consolidated actions LP/01/2020 and GP/10/2020
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Judgment |
9 June 2023 |
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Admissibility of s252A trap evidence and proof beyond reasonable doubt of public-officer corruption.
Corruption — s4(1)(a) Prevention and Combating of Corrupt Activities Act — acceptance of gratification by public officer; Undercover/trap operations — s252A Criminal Procedure Act — admissibility and trial-within-a-trial; Single-witness evidence and corroboration; Burden of proof — evaluation of credibility and reasonable possibility of innocence.
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Limpopo
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Judgment |
6 June 2023 |
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Review of administrative decisions – whether the Special Investigation Unit (SIU) makes out a case for the impugned administrative decisions to be reviewed and set aside. Held: The impugned decisions are irregular and unlawful. Just and equitable remedy – the SIU sought just and equitable remedy in terms of s172(1)(b) of the Constitution. Whether the Tribunal has jurisdiction to grant such a remedy in light of the Constitutional Court decision in Ledla. The Tribunal not having been furnished with the information it requires to determine the appropriate remedial relief, directives are issued for the further conduct of the matter
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Judgment |
19 April 2023 |
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Civil procedure – application to amend the plaintiff’s particulars of claim in terms of Uniform Rule 17(4) to correct the citation of the second defendant. The circumstances do not justify the exercise of a discretion in favour of invoking this Uniform Rule in terms of Tribunal Rule 28(1). The proposed amendment objected to on the basis that an incorrect non-existent entity is cited, simply correcting the particulars of claim does not cure defect because the correct entity is not served, thus preventing it from raising plea of prescription. Held – objection is a red herring. The correct entity has notice of the main action; hence it is opposing the proposed amendment. Nothing prevents it from filing a special plea of prescription once the amendment is effective
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Judgment |
14 April 2023 |
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Civil trial – whether the plaintiff’s case as pleaded and augmented by the evidence led made out a case for the first defendant to be found liable based on contract, delict or the Public Finance Management Act 1 of 1999. Held – the plaintiff’s case as pleaded and augmented by the evidence led fails to establish any liability on the part of the first defendant
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Judgment |
15 March 2023 |
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Leave to appeal refused: serious large‑scale fraud outweighed remorse, gambling addiction and primary‑caregiver considerations.
Criminal law – sentencing for large‑scale fraud – prescribed minimum sentences and substantial and compelling circumstances; pathological gambling as mitigation; sentencing of primary caregiver – s 28 Constitution and S v M guidelines; test for leave to appeal (reasonable prospects of success).
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KwaZulu-Natal
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Judgment |
13 March 2023 |
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Reported
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Judgment |
10 March 2023 |
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The Special Tribunal dismissed an application for reconsideration of its 13 October 2022 order and awarded costs, including senior counsel costs.
Special Tribunal — application for reconsideration of prior order — application dismissed — costs awarded including costs of Senior Counsel.
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KwaZulu-Natal
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Judgment |
7 March 2023 |
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Civil procedure – Exception – whether an exception may be brought by way of an application procedure – appropriate order when an exception is upheld – having filed an exception out of time, whether a defendant is ipso facto barred from filing it
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Judgment |
28 February 2023 |
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Pathological gambling found a substantial and compelling circumstance permitting deviation from prescribed minimum sentences; effective nine years imprisonment.
Criminal law – Sentencing – Section 112(2) plea binding for sentencing facts – Section 51(2)/(3) Criminal Law Amendment Act – prescribed minimum sentences and substantial and compelling circumstances – pathological gambling as mitigation – sentencing triad and deterrence – ancillary orders for children's welfare.
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KwaZulu-Natal
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Judgment |
14 February 2023 |
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Civil procedure - whether the present circumstances are proper for the exercise of the Tribunal’s discretion in terms of Tribunal Rule 28(1) to invoke Uniform Rule 49(2) to address a lacuna in the Tribunal Rules to regulate an appeal against the Tribunal’s decision to the Full Court
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Judgment |
3 February 2023 |
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Civil procedure – reconsideration of interim order granted ex parte – party seeking reconsideration must cast serious doubt upon the other party’s factual averments pertaining to a prima facie right
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Judgment |
2 February 2023 |
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Judgment |
31 January 2023 |
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Special Tribunal Proceedings – Extension of time – the Special Tribunal may, on good cause shown, extend any time period stipulated in an order made by the Special Tribunal, and condone non-compliance with the Rules
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Judgment |
3 January 2023 |
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Three special pleas were adjudicated – firstly, that the Special Tribunal is not a High Court and does not have jurisdiction to entertain the SIU’s claims – secondly, judicial review does not constitute civil proceedings as envisaged in subsec 8(2) of the SIU Act – thirdly, the SIU should have brought review proceedings in terms of PAJA – the three special pleas were dismissed
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Judgment |
6 December 2022 |
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Administrative Law – legality review – determination of just and equitable relief in terms of s 172(1)(b) of the Constitution – the burden of proof
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Judgment |
14 November 2022 |
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Application for monetary judgment – whether the respondents submitted excessive claims to the second applicant in respect of the learner scholar transport contract – whether the applicants have made out a case for monetary relief sought against the respondents
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Judgment |
20 October 2022 |
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Application for monetary judgment – whether the respondents submitted excessive claims to the second applicant in respect of the learner scholar transport contract – whether the applicants have made out a case for monetary relief sought against the respondents
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Judgment |
19 October 2022 |
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Administrative law – reviewable decision – a decision that breaches the principle of legality is reviewable if it is not authorised by an approved policy or law
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Judgment |
18 October 2022 |
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KwaZulu-Natal
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Judgment |
13 October 2022 |
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Civil proceedings – application for absolution from the instance – absolution may be granted where the Special Tribunal has failed to make out a prima facie case for the relief sought
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Mpumalanga
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Judgment |
13 October 2022 |
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By consent, the first respondent must repay R81,502,073.62 to the applicant Department within five court days; no costs.
Special Tribunal – Consent order – Recovery of public funds – First respondent ordered to pay R81,502,073.62 to the Department of Water and Sanitation within five court days – No order as to costs
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Judgment |
29 September 2022 |
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Judgment |
16 September 2022 |
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The Tribunal condoned procedural non‑compliance and granted an urgent interim interdict preventing pension payout pending related proceedings.
Special Tribunal – condonation of non‑compliance with procedural rules; urgent hearing – interim interdict restraining pension payout pending proceedings; interlocutory relief immediate effect; reconsideration under Tribunal Rule 12(9); publication embargo until service
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Judgment |
16 September 2022 |
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Application for leave to appeal to the Full Court of the High Court Division with jurisdiction against this Tribunal’s judgment - Whether s 8(7) of the Special Investigating Units and Special Tribunals Act 74 of 1996 (“the Act”) and the Regulations and Rules proclaimed in terms of the Act provides for the right to appeal against the Tribunals’ decisions on leave being granted by the Tribunal - Whether s 16 and 17 of the Superior Courts Act are applicable to determine applications for leave to appeal in the Tribunal. Held: In terms of s 8(7), parties enjoy an automatic right to appeal to the Full Court of the High Court Division with jurisdiction against this Tribunal’s judgment. s 16 and 17 of the Superior Courts Act are inapplicable to determine applications for leave to appeal in the Tribunal
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Judgment |
7 September 2022 |
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Applicants had an automatic right of appeal under s 8(7) of the SIU Act; leave-to-appeal application dismissed.
Special Investigating Unit and Special Tribunals Act s 8(7) – automatic right of appeal to Full Court of High Court – leave to appeal unnecessary where statutory right exists; reliance on Caledon River Properties precedent; costs reserved to appeal
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Judgment |
7 September 2022 |
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Applicant has an automatic right of appeal under s 8(7); Tribunal dismissed the application and reserved costs to the appeal.
Special Investigating Unit and Special Tribunals Act s 8(7) – automatic right of appeal to Full Court – effect on Tribunal applications – dismissal where appellate remedy exists – costs reserved to appeal
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Judgment |
7 September 2022 |
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Procurement law – emergency procurement procedures – failure to meet emergency procurement requirements and remedy for non-compliance includes forfeiture of preserved assets
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Judgment |
7 September 2022 |
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Judgment |
23 August 2022 |
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Judgment |
23 August 2022 |
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Application for a rule nisi to preserve property and appoint a curator bonis in terms of Tribunal Rule 24 - factors to be taken into account when exercising a discretion to appoint a curator bonis to take control of and preserve the value of immovable property in terms of Tribunal Rule 24 read with Tribunal Rules 27 and 2 Held: when exercising a discretion to appoint a curator bonis, the Tribunal ought to have regard to the circumstances of each case. The overriding consideration is the purpose for which the preservation order is sought and whether the appointment of a curator bonis gives effect to that purpose
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Judgment |
8 August 2022 |