Case Notes

Waiver of rights in insolvency

Kroese and Kroese (NWM) (unreported case no 145/13, 18-4-2013) (Landman J) and Hattingh and Hattingh (NWM) (unreported case no 144/13, 18-4-2013) (Landman J) By Moffat Ndou The North West High […]

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Limitations on liability in delict

Country Cloud Trading CC v MEC, Department of Infrastructure Development (SCA) (unreported case 751/12, 26-11-2013) (Brand JA) By Ian Chadwick In Country Cloud Trading CC v MEC, Department of Infrastructure […]

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Ordering the selling of motor vehicles in debt re-arrangement orders: A road not (to be) travelled?

Motor Finance Corporation (Pty) Ltd v Jan Joubert and Others (GNP) (unreported case no A629/2013, 19-8-2013) (Chetty  and Ebersohn AJJ) By Bouwer van Niekerk A potentially far-reaching decision regarding the […]

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Criminal and intentional acts versus COIDA

Twalo v The Minister of Safety and Security and Another [2009] 2 All SA 491 (E) By Justice Finger Court judgments with far-reaching effect sometimes go unnoticed for many years. […]

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Don’t wait until it is too late

Opposition to Urban Tolling Alliance and Others v The South African National Roads Agency Ltd and Others (SCA) (unreported case no 90/2013, 9-10-2013) (Brand JA) By Michele Gioia In the […]

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Clearance certificates – Does the municipality’s lien survive the transfer?

City of Tshwane Metropolitan Municipality v Mathabathe and Another 2013 (4) SA 319 (SCA) By Barry Cloete The question whether a municipality’s lien survives the transfer was put to counsel […]

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Much ado about Duma?

Road Accident Fund v Duma and three related cases (Health Professions Council of South Africa as amicus curiae) [2013] 1 All SA 543 (SCA) (Brand JA) By Alfred Selman The […]

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Is the best defence re-offence?

Humphreys v S (SCA) (unreported case no 424/2012, 22-3-2013) (Brand JA) By Chris Shone The recent judgment in the Humphreys matter by the Supreme Court of Appeal (SCA) raises interesting […]

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Door closed on common law contingency fees

De la Guerre v Ronald Bobroff & Partners Inc and Others (GNP) (unreported case no 22645/2011, 13-2-2013) (Fabricius J) The South African Association of Personal Injury Lawyers v The Minister […]

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Unconstitutionality of s 89(5)(c) of the National Credit Act

National Credit Regulator v Opperman and Others (CC) (unreported case no CCT 34/12, 10-12-2012) (Van der Westhuizen J) By Mapula Sedutla At issue in the Opperman case was whether s […]

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