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Citation
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Judgment date
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| August 2017 |
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Failure to serve the notice of appeal within prescribed time and unsubstantiated registry blame led to appeal being struck off with costs.
Civil procedure – appeals – notice of appeal – compliance with rules 4 and 5 – service within fifteen days – condonation under rule 6 – unsubstantiated allegations against court registry insufficient – appeal struck off the roll with costs
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21 August 2017 |
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Whether the trial court properly exercised its s7 discretion in dividing matrimonial assets and in awarding custody in the child’s best interests.
Family law — Division of assets under s 7 Matrimonial Causes Act — 'assets of the spouses' concept and wide judicial discretion; adverse inference for concealment of assets; transfer of joint property to achieve just distribution; custody — best interests of the child and preservation of educational stability
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17 August 2017 |
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Whether the respondent was a creditor or shareholder (affecting standing to seek winding-up) and whether s227, not r63, applies.
Companies law – s 227 Companies Act – setting aside winding-up order – locus standi of applicant (creditor v shareholder) – procedure: interplay with High Court Rule 63 rescission – material disputes of fact requiring oral evidence/remittal
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17 August 2017 |
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Garnishee under the Income Tax Act lawful and not liftable pending appeal; no exceptional circumstances for urgent hearing.
Income tax — Assessment and collection — Commissioner’s power to appoint agents and issue garnishee under ss 58, 59; assessments conclusive until set aside (ss 62, 79); payment not suspended pending appeal unless Commissioner directs (s 69); interlocutory interdict inappropriate to restrain lawful tax collection; urgent hearing only in exceptional circumstances.
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10 August 2017 |
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Parent failed to prove an implied contractual obligation or unfairness to require parents to buy textbooks; appeal dismissed.
Contract law – implied/tacit terms and trade usage – necessity and proof; Education law – scope of school fees and levies; Consumer Contracts Act – relief for unfair consumer contracts; Children’s Act s7 – liability for exclusion for non-payment (unresolved)
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1 August 2017 |