Case Notes

Freedom of testation v public policy

Ex Parte: BoE Trust Ltd NO and Others (SCA) (unreported case no 846/11, 28-9-2012) (Erasmus AJA) By Mapula Sedutla The recent BoE Trust case tested freedom of testation against public […]

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When early-bird creditors may trump the NDPP

By Kara van de Pol The Supreme Court of Appeal has handed down a judgment that will be of interest to creditors of an insolvent company whose assets are subject […]

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More light on contingency fees agreements

Tjatji v The Road Accident Fund (unreported case no 22475/10); Khoza v The Road Accident Fund (unreported case no 4412/06); Mxolisi v The Road Accident Fund (unreported case no 11632/09) […]

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‘Dependants’ action’ extended to heterosexual life partners

Paixão and Another v Road Accident Fund (SCA) (unreported case no 640/11, 26-9-2012) (Cachalia JA) By Nomfundo Manyathi In a recent decision, the Supreme Court of Appeal (SCA) extended the […]

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Top court rebukes ‘skyrocketing’ legal fees

Camps Bay Ratepayers’ and Residents’ Association and Another v Harrison and Another (CC) (unreported case no CCT 76/12, 20-9-2012) By Kim Hawkey In a unanimous judgment handed down in September, […]

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Clarity on contingency fees agreements

Mofokeng v Road Accident Fund (unreported case no 22649/09); Makhuvele v Road Accident Fund (unreported case no 19509/11); Mokatse v Road Accident Fund (unreported case no 24932/10); Komme v Road […]

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Service of court process by social media

CMC Woodworking Machinery (Pty) Ltd v Pieter Odendaal Kitchens (KZD) (unreported case no 6846/2006, 3-8-2012) (Steyn J) By Kim Hawkey A recent amendment to the Uniform Rules of Court has […]

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Have you done your best?

‘Best endeavours’ clauses in contracts Jet2.com Limited v Blackpool Airport Limited [2012] EWCA Civ 417 By Dairmuid Short and Adine Abro Blame it on human nature, a fear of being […]

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Does the law provide for punishment in sexual offence cases?

Director of Public Prosecutions, Western Cape v Prins (WCC) (unreported case no A134/08, 11-5-2012) (Blignault J) * By Rodger Mareume On 11 May 2012 the full Bench of the Western […]

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Reinstatement trumps other remedies

Lubbe v Roop NO and Others (LC) (unreported case no JR 1303/09, 20-1-2012) (Lagrange J) By Moksha Naidoo Section 193(2) of the Labour Relations Act 66 of 1995 obliges the […]

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