motion proceedings Archives

Discriminating based on age: Some prospects of success

by GilesFiles | Feb 9, 2026 | 2020 onwards, AUD, Causes and defences, Costs not awarded, Courts, Disciplinary issues, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), RGO Lagrange, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 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,...

Truth of defamatory allegations: Published on privileged occasion?

by GilesFiles | Jul 19, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Courts, Declaratory, Delict, Disputes: right or interest, Evidence & onus, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Pleadings: amending, SDJ Wilson, Sectors, Selected judges, Special pleas, State Owned Enterprises, Topics, Words & phrases | 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,...

Contractual claim denied: CCMA has jurisdiction

by GilesFiles | Feb 1, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Customary Law, Evidence & onus, Fixed-term, GN Moshoana, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Metro, Orders, Parties, Sectors, State organs, 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,...

Plascon-Evans restated: Resolving factual disputes

by GilesFiles | Sep 13, 2019 | 2019, Causes and defences, Courts, Disputes: factual, Edwin Cameron, Evidence & onus, High Court, High Court judges, Judges, Labour Relations, Legal Practice, Statutes (LRL 2)-work, Topics | 0 |

Rota Investments CC v Swarts Plascon-Evans restated in the words of recently retired Justice Edwin Cameron in 2003, whilst still a judge of appeal in the Supreme Court of Appeal and before being elevated to the Constitutional...

Hearing oral evidence: Applying in motion proceedings?

by GilesFiles | Mar 1, 2019 | 2019, Applications, Causes and defences, Courts, Evidence & onus, High Court, High Court judges, Judges, Legal Practice, PA Meyer, Personal Information, Topics | 0 |

Nel v Ramwell t/a Ramwell Attorneys Hearing oral evidence cannot be applied for after it becomes clear that the main application will not succeed and this is an interesting example of a cyber crime involving an attorney....

Resolving factual disputes: Motion and trial proceedings

by GilesFiles | Oct 5, 2018 | AA - Resources generally, AB - Law generally, Causes and defences, Disputes: factual, Evidence & onus, Insights, Interpretation etc, Legal Practice, Work Science Institute | 0 |

Factual disputes Resolving factual disputes in necessary in almost all legal proceedings but different approaches are adopted depending on the nature of the proceedings and whether actual evidence is adduced or whether the court...

Restoring reputational rights: Unlawful competitive trading

by GilesFiles | Jun 11, 2018 | 2018, Agriculture, Causes and defences, Consumer protection, Courts, Delict, High Court, Sectors, Topics | 0 |

Mountain Oaks Winery (Pty) Ltd v Smith The applicants built a reputation and goodwill over time by being certified as producers of organic wine since 2005 and restoring reputational rights was necessary. “In the end, it...

Plascon-Evans rule: Factual disputes in motion proceedings

by GilesFiles | Feb 19, 2016 | 2014 and earlier, Courts, Deceased judges, Disputes: factual, Evidence & onus, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Statutes (LRL 2)-work, Supreme Court of Appeal, Topics | 6 |

 Essence Plascon-Evans rule and disputes of fact in motion proceedings  Decision Plascon-Evans Paints (TVL) Ltd. v Van Riebeck Paints (Pty) Ltd.(53/84) [1984] ZASCA 51; [1984] 2 All SA 366 (A); 1984 (3) SA 623; 1984 (3) SA 620...

Disputes of fact: Referral for oral evidence

by GilesFiles | Oct 21, 2015 | 2015, Applications, Courts, Disputes: factual, Evidence & onus, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, N Mngqibisa-Thusi, 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,...

Factual disputes: Imprudent motion proceedings

by GilesFiles | Jun 24, 2015 | 2015, Applications, Courts, Declaratory, Dennis Davis, Disputes: factual, erroneously sought, Evidence & onus, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Statutes (LRL 2)-work, Topics | 1 |

Hudson v South African Airways Soc Ltd (JA84/2014) [2015] ZALAC 28; [2015] 9 BLLR 879; (2015) 36 ILJ 2574 (LAC) (24 June 2015) per Davis JA [Ndlovu JA and Mngqibisa-Thusi AJA concurring] The Labour Appeal Court disallowed the...

Tag: motion proceedings