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Citation
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Judgment date
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| June 2006 |
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Amendment of damages allowed; defective warrant shielded by Police Act s67 where officers acted bona fide, claim dismissed.
Civil procedure – amendment of pleadings and quantum due to hyperinflation; search and seizure – validity of warrant issued without jurisdiction; Police Act s67 – protection for officers acting in obedience to defective warrants; bona fide conduct and absence of mala fides; requirement of knowledge of court interdict before liability
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28 June 2006 |
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Applicant seeking stay of execution of default judgment must show clear right, irreparable harm and favorable balance of convenience.
Urgent interlocutory relief – interim interdict to stay execution of a default judgment – Setlego test (clear right, irreparable harm, balance of convenience) – default judgment and possession – rescission remedy
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21 June 2006 |
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Bail pending appeal refused where misdirection on community service was minor and absconding risk (foreign nationals) outweighed appeal prospects.
Bail pending appeal — primary considerations: prospects of success on appeal and likelihood of absconding; trial misdirection — failure to consider community service; foreign nationals and risk of absconding; economic offences and sentencing weight.
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21 June 2006 |
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A bidder's counter-offer cancels the original contract; applicant failed to prove interdict requirements, so application dismissed.
Contract law — counter-offer cancels original acceptance; Civil procedure — interim interdict: requirements (clear right, apprehension of breach, no alternative remedy); Urgent applications — duty of full disclosure; cannot seek postponement to cure material omissions
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14 June 2006 |