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Citation
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Judgment date
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| September 2013 |
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Leave to appeal dismissed: prior unprocedural warning nullified double punishment claim; shorter notice excused on facts, no bias established.
Labour law – Disciplinary proceedings – Double punishment – Prior unprocedural warning held nullity; Notice – s 6(4)(a) three working days – substantial compliance and no prejudice; Presiding officer’s impartiality – convening and chairing not equivalent to being complainant; Procedural objections to opposing affidavit – authority and condonation of late filing; Remedy – remittal appropriate, reinstatement irregular.
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30 September 2013 |
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Pupillage that permits accepting briefs and charging fees in one's own name circumvents the mandatory practical training required by the Regulations.
Legal practitioners — Practical training — Legal Practitioners Regulations s 4 — Mandatory 36 months' pupillage under practitioner of 48 months' standing — Attempt to practise as "pupil advocates" and accept briefs in own name — Ultra vires conduct by Advocates Chambers.
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30 September 2013 |
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Transient distress without a recognised psychiatric injury or proved negligence does not sustain Aquilian damages.
Delict (Aquilian action) – damages for distress/anxiety – transient nervous shock insufficient without recognised psychiatric injury and medical evidence; negligence must be pleaded with particulars; causation and identity of manufacturer necessary; absolution from instance.
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25 September 2013 |
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The appellant’s acceptance of an anticipatory repudiation terminated the contract, rendering interim specific performance improper.
Contract — anticipatory breach/repudiation — acceptance of repudiation terminates contract; Interim relief — status quo ante vs final relief; Urgency — judicial discretion; Procedural — grounds of appeal must be concise.
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25 September 2013 |
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Rule 449 allows rescission of a default judgment erroneously granted where pleadings and annexed documents show a material discrepancy.
Civil procedure – rescission of judgments – Rule 449 – default judgment erroneously granted in absence of party affected where annexed agreement names different seller – court may consider facts in affidavits when application by affected party – discretion to rescind not displaced.
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25 September 2013 |
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Appellant held personally liable under s 318 for company debts; conditional execution against immovables valid; punitive costs set aside.
Companies law – personal liability under s 318 – holding oneself out as director and estoppel – alternative liability for persons knowingly party to carrying on company business recklessly or with intent to defraud – execution against immovable property conditional on non-payment – interpretation of High Court Rule 326 – costs: legal practitioner and client scale set aside.
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22 September 2013 |
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Payment into an estate agent's account, authorized by the seller's representative, discharged the purchaser's obligations and justified transfer.
Agency – estate agent as seller's agent; authority to receive purchase price; payment into agent's account as discharge of purchaser's obligations; appellate reluctance to disturb trial credibility findings.
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19 September 2013 |
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Whether the central bank could lawfully divert revenue authority funds from the Consolidated Revenue Fund.
Constitutional and public finance law – duty to pay revenue into Consolidated Revenue Fund – limits on central bank powers – unlawful directive and liability – state entity immunity inapplicable where powers exceeded.
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19 September 2013 |
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Appellate court refuses to disturb trial court’s s7 property apportionment absent proven misdirection or error.
Matrimonial Causes Act s7 — division of matrimonial property — trial court’s wide discretion — direct and indirect contributions — registered joint ownership presumption — occupation orders in child’s best interests — appellate interference only for misdirection or error.
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19 September 2013 |
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Appellant failed to prove local need; Administrative Court’s discretionary refusal of change-of-use permit upheld and appeal dismissed with costs.
Town and regional planning — Change of use permits — Requirement to prove local area need for special consent (Doves Morgan) — Discretion of Administrative Court under s 38 — Limits on appellate interference — Disharmonious development and prohibition of certain uses in residential zones — Availability of business parks and housing shortage as legitimate planning considerations.
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18 September 2013 |
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Magistrate erred in awarding custody without a proper Guardianship Act application; mother retains statutory sole custody.
Maintenance proceedings – custody – Guardianship of Minors Act s5(1), s5(2), s5(3) – mother’s statutory sole custody on separation – magistrate misdirected in awarding custody absent proper application – unlawful removal of children to defeat maintenance claim – remittal and consideration of access.
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9 September 2013 |
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Appellant lacked legal right to mine after tribute agreement lapsed; appeal dismissed with punitive costs.
Mining law – expiry of tribute and rental agreements – no right to occupy or mine after lapse – interim interdict to protect possession – contravention of Mines and Minerals Act – confirmation and discharge of provisional orders – punitive costs for dilatory conduct.
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1 September 2013 |