JW Eksteen Archives - GilesFiles

Penalty stipulation enforced: Onus not discharged

by GilesFiles | May 7, 2024 | 2020 onwards, AB - Law generally, Allowed, Appeals - leave, Applications, Causes and defences, Contractual breach, Costs, Courts, Damages, Declaratory, Evidence & onus, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Logistics, Management, Orders, Parties, Private enterprises, Protectable interests, Risks, Sectors, Statutory, 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,...

Irrevocable power of attorney: Securing a debt

by GilesFiles | Oct 19, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Community schemes, Contractual breach, Courts, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Personal services, Roman Dutch law, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Smit v Origize 166 Strand Real Estate (Pty) Ltd SCA considered our law stretching back more than 125 years to the point where it was developed and established the principle that a power of attorney given as security for a debt...

Meaning of dispute: Capable of being arbitrated

by GilesFiles | Dec 13, 2016 | 2016, Courts, Disputes: right or interest, Exceptions/special pleas, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Statutes (LRL 2)-work | 0 |

Ummi Properties (Pty) Ltd v Knights Street Properties (Pty) Ltd (3028/2016) [2016] ZAECPEHC 79 (13 December 2016) per JW Eksteen J. The high court refused to grant an application for a declaration that no arbitrable dispute...

Tag: JW Eksteen

Penalty stipulation enforced: Onus not discharged

Irrevocable power of attorney: Securing a debt

Meaning of dispute: Capable of being arbitrated