Pat Gamble Archives - GilesFiles

Mootness and appeal rights: Leave refused

by GilesFiles | Apr 25, 2023 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Disallowed, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, LC Rules-old, LC-Practice Manual, leave to appeal, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Provincial, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

WC Provincial Minister of Local Government, Environmental Affairs and Development Planning v Central Karoo District Municipality Should any court provide parties with an advisory opinion when mootness is in issue and appeal...

Senior management positions: Relevant experience?

by GilesFiles | Apr 3, 2023 | 2020 onwards, Applications, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, District, Government, HC Uniform, High Court, High Court judges, Insights, Judges, Jurisdiction & powers, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Management, Municipal managers, Orders, Parties, Performance, Policies - all, Provincial, Review tests, Risks, Rules Codes & Manual, Sectors, State organs, Statutory, Substance, Termination (LRL 8), Topics, Trust & confidence, Urgency | 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,...

Resignation deemed dismissal: HC lacks jurisdiction

by GilesFiles | Aug 3, 2022 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Deemed, Evidence & onus, Exceptions/special pleas, Government, High Court, High Court judges, Interpretation etc, Judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, PAJA 2000, Parties, Provincial, Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), 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,...

Class action appeal: High court refuses leave

by GilesFiles | Nov 3, 2021 | 2020 onwards, Appeals - leave, Applications, Causes and defences, Costs, Courts, Disallowed, Finance, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Non-profit organisations, Orders, Parties, Sectors, Statutory, Topics, Universities and schools | 0 |

Stellenbosch University Law Clinic v Lifestyle Direct Group International (Pty) Ltd High court refused leave to appeal in class action application and concluded that the interests-of-justice consideration which underpins s173 of...

Failing to prove damages: Absolution from instance

by GilesFiles | Sep 2, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Courts, Disputes: factual, Evidence & onus, Exceptions/special pleas, General, Hearsay, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Logistics, Orders, Parties, Private enterprises, Roman Dutch law, Sectors, Special pleas, Topics | 0 |

Tradevest 041 (Pty) Ltd t/a Tradevest Logistics v Banzi Trade 40 CC Failing to prove damages meant that the high court found that the evidence was simply not of a satisfactory or persuasive standard and decided that the regional...

Class action certified: Coupled with interim relief

by GilesFiles | Jul 21, 2021 | Applications, Causes and defences, Courts, Declaratory, Evidence & onus, Granted, HC Uniform, High Court, High Court judges, Interdicts & rules, Judges, Legal Practice, Legislation, Orders, Personal Information, Rule nisi, Rules Codes & Manual, Topics | 0 |

Stellenbosch University Law Clinic v Lifestyle Direct Group International (Pty) Ltd Class action certified by high court after recalling the history and development of the concept in theory and practice both in the USA and South...

Business rescue practitioners: Payments voided

by GilesFiles | Feb 10, 2021 | 2020 onwards, Agriculture, Applications, business rescue, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Sectors, Special pleas, 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,...

Life rights agreement: Repayment of reversionary amount

by GilesFiles | Jun 4, 2018 | 2018, Causes and defences, Community schemes, Courts, High Court, Interpretation etc, Judges, Legislation, 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,...

Lawful employment termination: Limited to notice pay

by GilesFiles | Oct 10, 2017 | 2017, Causes and defences, Courts, Fixed-term, High Court, High Court judges, Interpretation etc, Judges, Parties, Provincial, 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,...

Impossibility of performance: Lawful not unfair end

by GilesFiles | Oct 10, 2017 | 2017, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Courts, General, High Court, High Court judges, Impossibility or illegality, Interpretation etc, Judges, Labour Relations, Legal Practice, Provincial, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), 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,...

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