JI Cloete Archives - GilesFiles

Requirements for interdictory relief: All issues addressed

by GilesFiles | Jun 18, 2025 | 2020 onwards, AJ - General, Applications, Associations/corporates, Causes and defences, Costs, Courts, Declaratory, Delict, Free and fair, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Markets in SA, Orders, Parties, Personal services, philosophy / economics, Private enterprises, Refused, Sectors, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Reasonably remediate nuisance: Curbing criminals

by GilesFiles | Apr 26, 2023 | 2020 onwards, Applications, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Declaratory, Eviction/ejectment, Evidence & onus, Government, Granted, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Metro, Orders, Parties, Roman Dutch law, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

BC The Six Sectional Title Scheme v City of Cape Town When will an order of reasonably remediate (to restore by reversing or stopping environmental damage) nuisance be granted? ‘[20] The applicant accepts that it has no...

Pleadings vital function: Assumption of risk

by GilesFiles | Nov 17, 2022 | 2020 onwards, Applications, Causes and defences, Costs awarded, Courts, Declaratory, Delict, Disputes: factual, Evidence & onus, Exceptions/special pleas, Government, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Parties, Provincial, Risks, Roman Dutch law, Rules Codes & Manual, Sectors, Special pleas, State organs, Topics | 0 |

L v Minister of Police Pleadings perform a vital function but when does a pleading of law provide a factual basis to alert opposing party to case it has to meet? “[73] This in turn led to the plaintiff relying on what...

Policy and principles interpreted: Binding nature?

by GilesFiles | Sep 15, 2022 | 2020 onwards, AB - Law generally, Applications, Bill of Rights, Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Evidence & onus, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Legal Practice, Legislation, Management, Orders, Parties, Personal services, Policies - all, Refused, Sectors, Statutory, Topics, Universities and schools, Urgency | 0 |

Studenteplein v Stellenbosch University When do principles dictate when a policy is binding and how it should be interpreted and implemented particularly during a crisis such as Covid-19? “[80] On a reading together of...

CSOS costs immunity: Lack of legal interest

by GilesFiles | Jun 17, 2022 | 2020 onwards, Applications, BC and HOAs, Causes and defences, Community schemes, Costs, Costs not awarded, Courts, Declaratory, HC Uniform, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, LRA 144 and 165 rescissions, Orders, Parties, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

CSOS v Stonehurst Mountain Estate Owners Association Apart from unlawful, grossly negligent or bad faith does CSOS enjoy immunity from costs orders? “[20] It is clear from s 37(1) of the Act that the chief ombud, an ombud,...

Arbitration costs disputed: Absence of agreement

by GilesFiles | Jun 21, 2021 | 2020 onwards, Applications, Causes and defences, Courts, Exceptions/special pleas, General, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Parties, Personal services, Private enterprises, Sectors, Special pleas, Topics | 0 |

Bike Mob (Pty) Ltd v Arbitrator [Capitalgro (Pty) Ltd] Arbitration costs disputed and various interlocutory skirmishes fizzled out at the start of the hearing and both counsel agreed that the high court was only required to...

Athlete spectator collision: Keep proper lookout

by GilesFiles | Mar 19, 2021 | 2020 onwards, Applications, Associations/corporates, BCEA 77(3) & 77A(e), Causes and defences, Courts, Declaratory, Delict, Disputes: factual, Evidence & onus, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Private enterprises, Third party notice, Topics | 0 |

Salie v Western Province Athletics In resolving a claim by a spectator against an athlete involving a collision during a race the high court decided that knowing that a race was underway it could reasonably have been anticipated...

Promoting information access: Partner seeking record

by GilesFiles | Feb 3, 2021 | 2020 onwards, Access to information, Applications, Causes and defences, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Personal Information, Specific performance, Statutory, Topics | 0 |

H v H Applicant admitted that the respondents’ duty to provide the record depends on “establishing” a partnership but the high court decided that the parties had misunderstood the legal position because when promoting...

Trial referral considered: Different to evidence referral

by GilesFiles | Oct 28, 2020 | 2020 onwards, Applications, Banks, Courts, Finance, High Court, High Court judges, Insights, Judges, Jurisdiction & powers, Legal Practice, Management, Orders, Parties, Protectable interests, Public policy, Sectors, Topics, Trade restraints | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Eviction proceedings considered: Utmost good faith

by GilesFiles | Jun 28, 2019 | 2019, Applications, Bill of Rights, Causes and defences, Courts, Dignity equality freedom, Eviction/ejectment, ex parte, High Court, High Court judges, Judges, Legal Practice, Orders, philosophy / economics, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Use conversion considered: garage to living area

by GilesFiles | May 24, 2019 | 2019, BC and HOAs, Body C Conduct, Body C Manage, Community schemes, Courts, High Court, High Court judges, Judges, Legislation, Parties, Sectors, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Provincial heritage resources: Meaning of site in NHRA 1999

by GilesFiles | Jun 11, 2018 | 2018, Courts, High Court, Topics | 0 |

Bryer NO v Heritage Western Cape The high court dealt with the authority concerning provincial heritage resources and the interpretation of s38 of the National Heritage Resources Act, 1999 and quoted with approval a passage from...

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