SCA 16 Archives - GilesFiles

Granting leave to appeal: Applying legal test

by GilesFiles | Sep 26, 2024 | 2020 onwards, Applications, Banks, Causes and defences, Costs, Courts, Declaratory, Finance, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legislation, Orders, Parties, Personal services, Roman Dutch law, Sectors, 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,...

Automatic appeal rights: SCA s 18(4) explained

by GilesFiles | Jun 22, 2023 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Metro, Orders, Parties, Rules Codes & Manual, SCA judges, Sectors, State organs, Statutory, Struck off, Supreme Court of Appeal, Topics | 0 |

City of Tshwane Metropolitan Municipality v Vresthena (Pty) Ltd Are there multiple rights of appeal against orders of lower courts and in addition are there any automatic appeal rights? “[7] On 22 November 2022, the...

Waiving appeal rights: Leave refused

by GilesFiles | Mar 17, 2023 | 2020 onwards, Appeals, Appeals - leave, Applications, Causes and defences, Costs, Courts, Disallowed, erroneously sought, GN Moshoana, 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, Private enterprises, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics, Trade | 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,...

Unliquidated damages claim: Labour court’s jurisdiction?

by GilesFiles | Feb 27, 2023 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Compensation or damages, Conduct & capacity, Contractual breach, Costs, Courts, Declaratory, Delict, Disputes: right or interest, Evidence & onus, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Personal services, Pleadings: amending, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Universities and schools | 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,...

Appealability of interim interdicts: Interests of justice

by GilesFiles | Sep 22, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Costs awarded, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, General, Interdicts & rules, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, Roman Dutch law, Rules Codes & Manual, Sectors, staying proceedings, Topics | 0 |

UDM v Lebashe Investment Group (Pty) Ltd Has Constitutional Court effectively reversed the test when considering appealability of interim interdicts? ‘[67] Even under the common law, in deciding whether to grant an interim...

CSOS costs immunity: Lack of legal interest

by GilesFiles | Jun 17, 2022 | 2020 onwards, Applications, BC and HOAs, Causes and defences, Community schemes, Costs, Costs not awarded, Courts, Declaratory, HC Uniform, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, LRA 144 and 165 rescissions, Orders, Parties, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

CSOS v Stonehurst Mountain Estate Owners Association Apart from unlawful, grossly negligent or bad faith does CSOS enjoy immunity from costs orders? “[20] It is clear from s 37(1) of the Act that the chief ombud, an ombud,...

Contempt proceedings considered: Liquidation and joinder

by GilesFiles | Mar 22, 2022 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Condonation, Contempt, Contractual breach, Costs, Costs not awarded, Courts, Disallowed, erroneously sought, Evidence & onus, Exceptions/special pleas, Joinder, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Refused, Rules Codes & Manual, Sectors, Special pleas, 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,...

Separating legal issues: Leave to appeal refused

by GilesFiles | Feb 12, 2021 | 2020 onwards, Applications, Causes and defences, Courts, Exceptions/special pleas, General, HC Uniform, High Court, High Court judges, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legislation, Orders, Rules Codes & Manual, Topics | 0 |

Phatshoane Henney Attorneys v Trollip In separating legal issues high court cited authority for deciding that convenience must be demonstrated and sufficient information must be placed before the court to enable it to exercise...

Disciplinary process outlined: 3-stage inquiry explained

by GilesFiles | Nov 26, 2020 | 2020 onwards, Applications, Causes and defences, Costs, Costs punitive, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, HC Uniform, High Court, High Court judges, Interpretation etc, Joinder, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Personal services, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

SA Legal Practice Council v REC Full bench of the high court outlined the sui generis nature of the disciplinary process and stressed that when considering whether an attorney ought to be removed from the roll or suspended from...

Appeal despite mootness: Practice and procedure

by GilesFiles | Sep 1, 2020 | 2020 onwards, 64-77 Strikes, Appeals, Appeals - leave, Costs, Courts, Dennis Davis, Disallowed, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, Mining, Orders, Parties, Sectors, Statutes (LRL 2)-work, Topics, Trade unions | 0 |

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Irrevocable shareholder undertakings: Valid and enforceable?

by GilesFiles | Aug 20, 2020 | 2020 onwards, Appeals, Causes and defences, Contractual breach, Courts, DN Unterhalter, Exceptions/special pleas, High Court judges, Judges, Legal Practice, SCA judges, Statutory, Supreme Court of Appeal, Topics | 0 |

Women in Capital Growth (Pty) Ltd v Scott SCA decided matter in chambers and without argument and considered irrevocable shareholder undertakings provided on behalf of a company and after finding that the issues were moot,...

Appeal leave refused: Required test not met

by GilesFiles | Feb 20, 2020 | 2020 onwards, Airline pilots, Appeals, Appeals - leave, Courts, Disallowed, GN Moshoana, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Operational reasons, Orders, Parties, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Topics, Trade unions | 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,...

Tag: SCA 16