Uniform Rule 06 Archives

Unprotected strike action: Refused leave to appeal

by GilesFiles | Jun 15, 2023 | 2020 onwards, 64-77 Strikes, 68 strike unprotected, Agriculture, Applications, Causes and defences, Confirmed, Contractual breach, Costs, Courts, Declaratory, Granted, High Court, High Court judges, Interdicts & rules, Irregular proceeding, Judges, Labour Relations, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Private enterprises, Rule nisi, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, 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,...

Pleadings and exceptions considered: Uniform Rule 23

by GilesFiles | Dec 15, 2022 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, HC Uniform, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Personal services, Pleadings: amending, Private enterprises, Rules Codes & Manual, 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,...

Professional practice rights: Pending appeal?

by GilesFiles | Nov 8, 2022 | 2020 onwards, Associations/corporates, Bill of Rights, Causes and defences, Common law, Consumer protection, Contractual breach, Courts, Declaratory, Evidence & onus, Granted, HC Uniform, High Court, High Court judges, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Regulations, Review tests, Rules Codes & Manual, Sectors, Statutory, staying proceedings, Topics, Urgency | 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,...

Statutory appeal considered: Lift special levy

by GilesFiles | Aug 15, 2022 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Body C Conduct, Causes and defences, Community schemes, Contractual breach, Costs, Costs awarded, Courts, Evidence & onus, HC Uniform, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

Trustees of Alessio Body Corporate v Cottle Statutory appeal considered and what is correct procedure to adopt when appealing against adjudication order ito s 54 of CSOS Act? “[21] I am of the view that the procedure as...

Political appointment considered: Labour rights?

by GilesFiles | Aug 5, 2022 | 2020 onwards, Applications, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Exceptions/special pleas, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Metro, Operation of law, Orders, Parties, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

M v Executive Mayor: Nelson Mandela When is a political appointment considered to be one other than as an employee? “[55] Clause 22 of the agreement deals with good faith and reads: ‘The parties undertake to observe...

Irretrievable trust breakdown: Directors not delinquent

by GilesFiles | May 16, 2022 | 2020 onwards, Applications, Causes and defences, Conduct & capacity, Contempt, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Evidence & onus, Fair procedure, Finance, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Pension & retirement funds, Personal services, Private enterprises, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), 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,...

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...

High court proceedings: Pleadings joinder costs

by GilesFiles | Nov 29, 2021 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, General, HC Uniform, High Court, High Court judges, Interpretation etc, Irregular proceeding, Joinder, Judges, Legal Practice, Orders, Parties, Private enterprises, Roland Sutherland, Rules Codes & Manual, Sectors, Special pleas, Topics | 0 |

Hlophe JP v Freedom Under Law In considering the nature and effect of proceedings in the high court a full bench confirmed that in none of the cited judgments is an affidavit equated to a pleading. “The common thread...

Publishing defamatory statements: Unlawfulness?

by GilesFiles | Jun 23, 2021 | 2020 onwards, Appeals, Appeals - leave, Applications, Bill of Rights, Causes and defences, Courts, Delict, Dignity equality freedom, Disallowed, Evidence & onus, Exceptions/special pleas, HC Uniform, Interdicts & rules, Judges, Jurisdiction & powers, Legal Practice, OL Rogers, Orders, Roman Dutch law, Rules Codes & Manual, SCA judges, Special pleas, Supreme Court of Appeal, Topics | 0 |

Malema v Rawula In considering publishing defamatory statements the SCA disallowed the appeal from the high court and confirmed that an interdict must always be directed at future conduct and if there is no risk of future...

Publishing defamatory statements: Truth and public interest

by GilesFiles | Jun 23, 2021 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Courts, Delict, Dignity equality freedom, Disallowed, Evidence & onus, Exceptions/special pleas, Judges, Jurisdiction & powers, Legal Practice, Orders, Roman Dutch law, SCA judges, Special pleas, Supreme Court of Appeal, Topics | 0 |

Malema v Rawula In considering publishing defamatory statements the SCA disallowed the appeal from the high court and confirmed that an interdict must always be directed at future conduct and if there is no risk of future...

Prescribed minimum benefits: Cause of action lacking

by GilesFiles | Mar 15, 2021 | 2020 onwards, Applications, Causes and defences, Costs, Costs punitive, Courts, Declaratory, Disputes: factual, Exceptions/special pleas, Finance, General, HC Uniform, High Court, High Court judges, Hospitality, Judges, Jurisdiction & powers, Legal Practice, Legislation, lis alibi pendens, Orders, Parties, Personal services, Res judicata (issue estoppel), Rules Codes & Manual, Sectors, Special pleas, State Owned Enterprises, Topics, Urgency | 0 |

Cassiem v Government Employees Medical Scheme Prescribed minimum benefits claimed again and high court decided that the ‘common thread that permeated through these various proceedings, is the contention by the applicants...

Social media defamation: Many issues considered

by GilesFiles | Dec 17, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Courts, Damages, Delict, Evidence & onus, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, MJD Wallis, Orders, Roman Dutch law, SCA judges, Special pleas, Supreme Court of Appeal, Topics | 0 |

Economic Freedom Fighters (EFF) v Manuel Social media defamation – defences – lack of animus iniuriandi – whether established – reasonable publication in relation to media defendants – requirements of – whether extending...

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