misrepresentation Archives

Reinstating legal practitioner: Punitive costs awarded

by GilesFiles | Aug 12, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Dignity equality freedom, General, granted, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Non-profit organisations, Orders, Parties, Personal services, Reinstatement, Sectors, Statutory, Topics | 0 |

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Trusting municipal managers: Confidence destroyed

by GilesFiles | Apr 7, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct & capacity, Conduct unbecoming, Consumer protection, Contractual breach, Courts, Declaratory, Evidence & onus, Fair procedure, Government, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Legitimate expectations, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Municipal, Municipal managers, Orders, Parties, Performance, Protectable interests, Public policy, Resolving disputes (LRL 3), Review tests, Risks, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Thresholds, Topics, Trust & confidence | 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,...

Concluding settlement agreement: Employer alleging duress?

by GilesFiles | Mar 18, 2025 | 2020 onwards, Applications, Causes and defences, Common law, Costs, Courts, Declaratory, Evidence & onus, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Personal services, Private enterprises, Refused, Resolving disputes (LRL 3), Review tests, RN Daniels, Rules Codes & Manual, Sectors, Selected judges, Special pleas, Statutes (LRL 2)-work, Topics | 0 |

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Bargain snatching considered: Alleged contract invalid

by GilesFiles | Jan 21, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Common law, Contractual breach, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Objective - correctness, Orders, Parties, Personal services, Res judicata (issue estoppel), Resolving disputes (LRL 3), Retirement, Review tests, Rules Codes & Manual, Sectors, Termination (LRL 8), Topics, Universities and schools | 0 |

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Alleged fronting disproved: Practice and B-BBEE status?

by GilesFiles | Apr 19, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Construction industry, Costs, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

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Unproven alleged dishonesty: Burden of proof

by GilesFiles | Jul 6, 2023 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Evidence & onus, Fair procedure, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA Sch 8: GP Code, Mining, Orders, Parties, Pleadings: amending, Private enterprises, Review tests, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Authorising financial statements: Director’s liability?

by GilesFiles | Jan 23, 2023 | 2020 onwards, Agriculture, Applications, Cause of action defined, Causes and defences, Costs, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Pleadings: amending, Private enterprises, Rules Codes & Manual, Sectors, Statutory, Topics, Words & phrases | 0 |

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Fake degree certificate: Benefits forfeited

by GilesFiles | Dec 15, 2022 | 2020 onwards, Applications, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs, Costs punitive, Courts, Declaratory, Evidence & onus, Government, High Court, High Court judges, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Orders, Parties, Regional, Roman Dutch law, Sectors, State organs, State Owned Enterprises, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Cancelling settlement agreement: Misrepresented facts

by GilesFiles | Feb 17, 2022 | 2020 onwards, André van Niekerk, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, Finance, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, Orders, Parties, Private enterprises, Roman Dutch law, Sectors, Special pleas, Specific performance, Terms & conditions, Topics, Unlawful and void | 0 |

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Misrepresenting facts decried: Voluntary dispute settlement

by GilesFiles | Dec 13, 2021 | 2020 onwards, Applications, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, erroneously sought, Evidence & onus, Exceptions/special pleas, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Resignations, Sectors, Special pleas, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Honesty standard abused: False housing subsidy claim

by GilesFiles | Jun 14, 2021 | 2020 onwards, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Dennis Davis, Disallowed, Evidence & onus, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Mining, Orders, Parties, Private enterprises, Review tests, Risks, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 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,...

Mandatory interdict considered: Resultant harm?

by GilesFiles | Mar 15, 2021 | 2020 onwards, A G Binns-Ward, Applications, Causes and defences, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, General, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Orders, Pleadings: amending, Special pleas, Topics | 0 |

Racing Park development Owners Association v Cape Killarney Property Investments (Pty) Ltd High court considered the nature of the relief sought which was a mandatory interdict involving a remedy where positive conduct on the...

Tag: misrepresentation