ML Sher Archives - GilesFiles

Releasing relevant information: Public-interest override?

by GilesFiles | Dec 5, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs awarded, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Provincial, Sectors, State organs, Statutory, 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,...

Privileged occasion not statement: Defamation proved

by GilesFiles | Apr 28, 2022 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Delict, Dignity equality freedom, Disputes: factual, Evidence & onus, Exceptions/special pleas, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Roman Dutch law, Rules Codes & Manual, Sectors, Special pleas, Stated case, 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,...

Provable damages awarded: Child sexual assault

by GilesFiles | Mar 17, 2022 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Evidence & onus, Exceptions/special pleas, High Court, High Court judges, Judges, Legal Practice, LRA 1995, Orders, Parties, Personal services, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Topics, Vicarious liability | 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,...

Twiddling thumbs decried: LPC ordered to report

by GilesFiles | Nov 4, 2021 | 2020 onwards, Associations/corporates, Causes and defences, Costs, Courts, High Court, High Court judges, Judges, Legal Practice, LRA 07: 112-184 Dispute, Orders, Parties, Personal services, Review tests, Rules Codes & Manual, Sectors, Statutory, Termination (LRL 8), Topics | 0 |

Legal Practice Council v Van Wyk Twiddling thumbs by LPC decried by high court which stated at “70. As a result, it has unfortunately become necessary for the Court, in the exercise of its powers in matter such as these to...

Reviewing senior appointment: Preferred job requirements?

by GilesFiles | Oct 4, 2021 | 2020 onwards, AB1 - Fairness principle or concept, Applications, Bill of Rights, Causes and defences, Costs, Courts, Dignity equality freedom, Evidence & onus, General, Government, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, Municipal, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Topics | 0 |

George Municipality v Van Staden The George municipality sought the reviewing and setting aside of the appointment of a senior manager in March 2017 because of a directive from the public protector but the high court declined to...

Exclusive use areas: Ordering transfer to owners

by GilesFiles | Aug 31, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, BC and HOAs, Community schemes, Costs, Courts, Declaratory, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Parties, Sectors, Topics | 0 |

Diaz Hotel and Resort (Pty) Ltd v BC: Vista Bonita Sectional Titles Scheme In considering exclusive use areas a full bench of the Cape high court stated that “owners of sections to whom such use rights have been...

Adjudication statutory appeal: Claim outside jurisdiction

by GilesFiles | Jul 16, 2021 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Courts, Declaratory, Delict, Disallowed, Exceptions/special pleas, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Sectors, Special pleas, Topics | 0 |

Prag NO v Trustees: Mitchell’s Plain Industrial Enterprises STSBC Adjudication statutory appeal considered by high court and confirmed that the ‘object of the CSOS Act is to provide a mechanism for the informal,...

Conduct rule considered: HC lacks jurisdiction

by GilesFiles | Jun 1, 2021 | Applications, BC and HOAs, Body C Conduct, Causes and defences, Community schemes, Costs, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutory, Topics | 0 |

Heathrow Property Holdings No 33 CC v Manhattan Place Body Corporate May parties ‘forum-shop’ to resolve disputes in community housing schemes and consider a conduct rule, more particularly when there is a statutory...

Conduct rule disputed: Bypassing Ombud?

by GilesFiles | Jun 1, 2021 | 2020 onwards, Applications, BC and HOAs, Causes and defences, Community schemes, Costs, Costs punitive, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Sectors, Special pleas, Statutory, Topics, Urgency | 0 |

Heathrow Property Holdings No 33 CC v Manhattan Place Body Corporate In considering a disputed conduct rule the high court decided that in ‘each instance a litigant will have to make out good cause for why a dispute which...

Conflicting interests considered: Employee and executive director

by GilesFiles | Oct 27, 2020 | 2020 onwards, Applications, Construction industry, Courts, Declaratory, High Court, High Court judges, Interdicts & rules, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Private enterprises, Refused, 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,...

Abuse of rights: Nuisance created by restaurant

by GilesFiles | Dec 18, 2018 | 2018, Applications, BC and HOAs, Community schemes, Courts, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Parties, staying proceedings, 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,...

Deemed property destruction: Body corporate section

by GilesFiles | Jul 8, 2016 | 2016, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, Courts, High Court, High Court judges, Judges, Parties, philosophy / economics, Sectors, Topics | 0 |

Harbour Terrace Body Corporate v Minister of Public Works (2556/2016) [2016] ZAWCHC 87; [2016] 3 All SA 766 (WCC) (8 July 2016) The high court declined to grant an order in terms of s 48 of the Sectional Titles Act (STA) to the...

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