BC Mocumie Archives - GilesFiles

Right to counter-spoliate: Common law defences

by GilesFiles | Jul 10, 2024 | 2020 onwards, 2020 onwards, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Supreme Court of Appeal, 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,...

Disputed arbitration agreement: Adopt robust approach

by GilesFiles | Dec 1, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Construction industry, Contractual breach, Courts, Declaratory, DN Unterhalter, Evidence & onus, General, HC Uniform, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, Rules Codes & Manual, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Canton Trading 17 (Pty) Ltd t/a Cube Architects v Fanti Bekker Hattingh NO Disputed arbitration agreement considered by SCA and decided to refer the matter back to the high court based on the following: “However, where the...

Protected occupier saved: Eviction order set aside

by GilesFiles | Oct 13, 2020 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Costs punitive, Courts, Declaratory, Eviction/ejectment, Evidence & onus, Judges, Labour Relations, Legal Practice, Legislation, Orders, Parties, Private enterprises, Review tests, SCA judges, Sectors, Statutory, Supreme Court of Appeal, 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,...

Eviction fatally defective: Right to reside ended?

by GilesFiles | Mar 16, 2020 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Courts, Disallowed, Eviction/ejectment, Judges, Legal Practice, Legislation, MML Maya, Orders, Parties, Private enterprises, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

Aquarius Platinum (SA) (Pty) v Bonene Supreme Court of Appeal held that purported eviction fatally defective in that the land owner failed to prove that the right to residence had been terminated after employment was terminated....

Alleged oral agreement: Non-variance clause interpreted

by GilesFiles | May 31, 2019 | 2019, Causes and defences, Courts, Estate agents, Evidence & onus, Judges, Just and equitable relief, Legal Practice, Parties, SCA judges, Sectors, Supreme Court of Appeal, 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,...

Fit and proper: Advocates and legal practice

by GilesFiles | Jul 10, 2018 | 2018, Associations/corporates, Bill of Rights, Causes and defences, Costs, Courts, Interpretation etc, Judges, Legal Practice, Legislation, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Jiba v GCB of SA; Mrwebi v GCB of SA By a majority of three to two the SCA allowed the appeal of two advocates, except that one of them was suspended for 6 months, and decided that they were fit and proper persons to be allowed...

Retirement benefits: Not forfeited by settlement agreement

by GilesFiles | Oct 29, 2015 | 2015, Anton Steenkamp, BCEA 1997 (LRL 10), Causes and defences, Courts, High Court, High Court judges, Judges, Mutual termination, Settlement agreements, Statutes (LRL 2)-work, Termination (LRL 8) | 0 |

Heunis v Letsweleputswa District Municipality (2635/2015) [2015] ZAFSHC 200 (2016) 37 ILJ 895 (HC) (29 October 2015) per Mocumie J. The High Court granted the retired employee’s application and ordered the Municipality to...

Tag: BC Mocumie

Right to counter-spoliate: Common law defences

Disputed arbitration agreement: Adopt robust approach

Protected occupier saved: Eviction order set aside

Eviction fatally defective: Right to reside ended?

Alleged oral agreement: Non-variance clause interpreted

Fit and proper: Advocates and legal practice

Retirement benefits: Not forfeited by settlement agreement