Standard Bank of SA v Rahme and Another (17/46904; 27740/2018; 27741/2018; 3765/2019; 11912/2018) [2019] ZAGPJHC 287 (3 September 2019)
Tuesday, 22 October 2019
SUMMARY Subsequent to the finding in the High Court of South Africa, Gauteng Local Division, Johannesburg (the “Court”), by Grant AJ in First Rand Bank Ltd v Excel B Shabangu & 4 Others (“First Rand Bank Ltd”) that the amendment of Rule 32 of the Uniform Rules of Court (“Rule 32”) applies retrospectively, Siwendu J,
- Published in 2019, Rule 32 of the Uniform Rules of Court: Summary Judgment
No Comments
Firstrand Bank Limited v Shabangu and Others; Mahomed v Road Accident Fund and Others (2018/43336; 284/2019) [2019] ZAGPJHC 267 (16 August 2019)
Tuesday, 17 September 2019
BACKGROUND AND SUMMARY Rule 32 of the Uniform Rules of Court (“Rule 32”), which governs the summary judgment procedure, was recently amended with effect from 1 July 2019. The substantive amendments included, inter alia: a plaintiff cannot make an application for summary judgment until such time as the defendant has delivered its plea; and a
- Published in 2019, News, Rule 32 of the Uniform Rules of Court: Summary Judgment
Batohi v Roux (12476/2012) [2018] ZAKZDHC 56; [2019] 1 All SA 390 (KZD) (16 November 2018)
Tuesday, 09 July 2019
BACKGROUND AND SUMMARY The Defendant is a practicing neurosurgeon and the Plaintiff was his patient. During or about 2004, the Plaintiff consulted with the Defendant in respect of a nerve related pain. The Defendant operated on the Plaintiff to repair, inter alia, an intervertebral disc herniation. The operation was successful and the Plaintiff was rendered
- Published in 2019, Civil Procedure, News
Moss & another v KMSA Distributors (673/2018) [2019] ZASCA 81 (31May 2019)
Tuesday, 09 July 2019
BACKGROUND AND SUMMARY This case went on appeal to the Supreme Court of Appeal (the “SCA”) wherein the SCA upheld an appeal against the decision of the High Court of South Africa, Gauteng Division, Pretoria (the “Court”). The issue before the SCA was whether or not the suretyship covered the liabilities arising under two agreements,
- Published in 2019, Contract Law, News
NEDBANK LTD V THOBEJANE AND RELATED MATTERS [2018] ZAGPPHC 692 (26 SEPTEMBER 2018)
Thursday, 23 May 2019
BACKGROUND AND SUMMARY Concerned with (i) the increasing tendency by litigants, mainly banks and other financial institutions, to enrol in the High Court, foreclosure applications with amounts falling within the jurisdiction of the Magistrates’ Court; and (ii) litigants taking advantage of the concurrent jurisdiction between the High Court of South Africa, Gauteng Division, Pretoria (the
- Published in 2019, high court, News
CDH Invest NV v Petrotank South Africa (Pty) Ltd and Others (483/2018) [2019] ZASCA 53 (1 April 2019)
Friday, 05 April 2019
BACKGROUND AND SUMMARY The Supreme Court of Appeal (the “SCA”) recently upheld a decision of the High Court of South Africa, Gauteng Local Division, Johannesburg (the “court a quo”), concerning a decision adopted by written consent of the majority of directors in terms of section 74 of the Companies Act No. 71 of 2008 (the
Purlish Holdings v The Commissioner for the South African Revenue Service (76/18) [2019] ZASCA 04 (26 February 2019).
Tuesday, 19 March 2019
SUMMARY The Supreme Court of Appeal (the “SCA”) recently set aside a decision of the Tax Court of South Africa, held in Gauteng (the “Tax Court”), in terms of which the Tax Court increased understatement penalties levied by the South African Revenue Services (“SARS”). Purlish Holdings (Pty) Ltd (the “Appellant”), having paid provisional tax to
Forsyth v Botha; Forsyth v Liebenberg and Others (17357/15; 17359/15) [2019] ZAWCHC 19 (27 February 2019)
Tuesday, 19 March 2019
BACKGROUND AND SUMMARY Mr. Alister James Forsyth (the “Applicant”) made an application to the High Court of South Africa, Western Cape Division, Cape Town (the “Court”), for the consolidation of two actions instituted by the Applicant against different defendants in terms of Rule 11 of the Uniform Rules of Court. The Applicant, who is the
- Published in 2019, News, Rules Of Court
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