LR Adams Archives - GilesFiles

Delaying action unreasonably: Abuse warranting dismissal

by GilesFiles | Dec 23, 2024 | 2020 onwards, Causes and defences, Costs, Courts, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, 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,...

Protectable interests confirmed: Restraint and unfair competition

by GilesFiles | Sep 1, 2023 | 2020 onwards, AB - Law generally, Applications, Balancing interests, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, Granted, High Court, High Court judges, Hospitality, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Logistics, Management, Orders, Parties, Private enterprises, Protectable interests, Public policy, Risks, Sectors, Topics, Trade restraints, Urgency | 0 |

Micros SA (Pty) Ltd v AK What role does unlawful competition play when protectable interests are confirmed and former employee is restrained? “[32]. As regards unlawful competition, it is as submitted by Mr Franklin, that...

Breaching statutory duties: Exceptions not upheld

by GilesFiles | Nov 11, 2022 | 2020 onwards, Applications, Causes and defences, Central, Costs, Costs awarded, Courts, Declaratory, Delict, Evidence & onus, Exceptions/special pleas, Government, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, Special pleas, State organs, State Owned Enterprises, Statutory, Topics | 0 |

Korea Shipping Corporation v SA Weather Service Breaching statutory duties and does concept of ‘organ of State’ differ depending on which statute applies in a particular case? “[19] In short, had the...

Just and equitable eviction: Community scheme

by GilesFiles | Sep 27, 2022 | 2020 onwards, Applications, Associations/corporates, BC and HOAs, Causes and defences, Community schemes, Costs, Costs awarded, Courts, Eviction/ejectment, Evidence & onus, High Court, High Court judges, Judges, Jurisdiction & powers, Just and equitable relief, Legal Practice, Legislation, Orders, Parties, Private enterprises, Sectors, Statutory, Topics | 0 |

De Wet NO v G (Grove Body Corporate) In what circumstances will it be just and equitable to grant an eviction order from a unit in a sectional title community scheme and what notice has to be given? “[8]. This defence is...

Oppressive company conduct: Unfair shareholder prejudice

by GilesFiles | Feb 23, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Declaratory, Delict, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, Sectors, Statutory, Topics | 0 |

Valencia Holdings 13 (Pty) Ltd v Armitage NO Oppressive company conduct considered on appeal by full bench and decided that the “conduct complained of by the respondent in relation to the appellants are not the type of...

Levy clearance certificate: Dissent – refusal to issue?

by GilesFiles | Sep 23, 2021 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Disallowed, Evidence & onus, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Parties, Sectors, Statutory, Topics | 0 |

Body Corporate Marsh Rose v Steinmuller The dissenting judgment in dealing with the issue of a levy clearance certificate was of the view that “the real issue in this appeal is whether a Body Corporate can be compelled to...

Levy clearance certificate: Refusal to issue?

by GilesFiles | Sep 23, 2021 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Disallowed, Evidence & onus, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Parties, Sectors, Statutory, Topics | 0 |

Body Corporate Marsh Rose v Steinmuller By a majority decision a full bench of the high court decided that the body corporate could not refuse to issue a levy clearance certificate because inter alia the liability for levies is...

Levy clearance certificate: Refusal to issue?

by GilesFiles | Sep 23, 2021 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Disallowed, Evidence & onus, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Parties, Sectors, Statutory, Topics | 0 |

Body Corporate Marsh Rose v Steinmuller By a majority decision a full bench of the high court decided that the body corporate could not refuse to issue a levy clearance certificate because inter alia the liability for levies is...

Tag: LR Adams