MTINDE v SHERIFF JOHANNESBURG EAST AND OTHERS (J1104/2018) [2019] ZALCJHB 316 (29 October 2019).
Friday, 13 December 2019
SUMMARY The dispute concerns a writ of execution in respect of a taxed bill of costs, which Lumko Mtinde (“the Employee”) sought to stay by launching an urgent application, pending the outcome of an application to review and set aside the taxed bill of costs. The chronology preceding the writ of execution saw the Employee
- Published in 2019, Labour Law
No Comments
The Laser Transport Group (Pty) Ltd & another v Elliot Mobility (Pty) Ltd & another (835/2018) [2019] ZASCA 140 (01 October 2019)
Friday, 22 November 2019
SUMMARY This case dealt with a tender review of an award challenged for non-compliance with the Preferential Procurement Policy Framework Act 5 of 2000 (“PPPFA”). On or about 11 March 2015, the Laser Transport Group (Pty) Ltd t/a Stuttaford Van Lines (the “Laser Group”) and Gin Holdings (Pty) Ltd (“Gin Holdings”) (the “Appellants”), which
- Published in 2019, Administrative Law
MALATJI V CITY OF TSHWANE METROPOLITAN MUNICIPALITY AND OTHERS (JR654/17) [2019] ZALCJHB 300 (7 November 2019)
Wednesday, 13 November 2019
SUMMARY Tshepo Malatji (the “Applicant”), who was an employee of The City of Tshwane Metropolitan Municipality (the “First Respondent”) applied for 8 director positions on 8 February 2013, which positions were advertised by the First Respondent. One of the positions that the Applicant applied for was that of Director of Road Policing, unfortunately the Applicant
- Published in 2019, Labour Law
Nedbank Limited v Master of the High Court and Another (43581/16) [2019] ZAGPJHC 393 (31 October 2019).
Friday, 08 November 2019
SUMMARY This matter concerned the claim for remuneration and expenses of a Business Rescue Practitioner (the “BRP”) when business rescue has failed and been converted into a liquidation, and particularly the order of preference of the BRP’s claim on the liquidation of the company concerned. In 2010, Nedbank Limited (“the Applicant”), loaned funds to Fima
- Published in 2019, Insolvency Law
NW Civil Contractors CC v Anton Ramaano Inc & another (1076/2018 and 1024/2018) [2019] ZASCA 143 (14 October 2019)
Thursday, 07 November 2019
BACKGROUND AND SUMMARY The appellant is NW Contractors CC. The first respondent is Anton Romaano Inc, a Law firm and the appellant’s erstwhile attorneys of record. The acrimony between the parties stems from a dispute between the parties over legal fees allegedly owed to the first respondent arising from representing the appellant in litigation against
- Published in 2019, Attorneys Practice
Du Bruyn NO & others v Karsten (929/2017) [2018] ZASCA 143 (28 September 2018)
Monday, 28 October 2019
SUMMARY The material facts of the present matter can be summarised as follows: • The Appellants (Mr Du Bruyn and his wife) were business owners, laying their trade in the sealing off of industrial leaks. The Appellants’ business operation was facilitated though three inter-related entities; • The Respondent (Mr Karsten) shared both a professional and
- Published in 2019, Civil Procedure
Goosen v Wiehahn (761/2018) [2019] ZASCA 137 (1 October 2019)
Monday, 21 October 2019
SUMMARY This case dealt with the will of one late Abhraham Gerhadus Geldenhuys (the “Testor”) executed on 27 November 1990 (the “Will”). Included in the Testor’s estate was 2 (two) farms described as Hunites and Holte (the “Farms”), which he bequeathed to his wife, Mrs Alberta Johanna Geldenhuys (“Mrs Geldenhuys”). The bequeath was subject to
- Published in 2019, Law of Succession
Visagie & Associates CC & another v Small Enterprise Finance Agency Ltd (262/2018) [2019] ZASCA 32 (28 March 2019)
Tuesday, 15 October 2019
BACKGROUND AND SUMMARY On or about 16 July 2001, the first appellant, Visagie & Associates CC duly represented by the second appellant Mr Mullard Visagie (hereinafter together referred to as the “appellants”) entered into a lease agreement with Small Enterprise Finance Agency Ltd (the “respondent”). In terms of the lease agreement, the rentals were payable
- Published in 2019, law of contract
Grobler v Master of the High Court and Others (645/2018) [2019] ZASCA 119 (23 September 2019).
Friday, 11 October 2019
SUMMARY The matter before the Supreme Court Appeal (the “SCA”) dealt with the question of whether an unsigned will constituted the deceased’s last will and testament. The Appellant in this matter is the deceased’s widow (his second wife) and the Respondents are the deceased’s biological children, born of his marriage to his first wife, as
- Published in 2019, Law of Succession
INNOVENT RENTAL & ASSET MANAGEMENT SOLUTIONS (PTY) LTD v TRANSET SOC LTD (917/2018) [2019] ZASCA 106 (5 SEPTEMBER 2019)
Wednesday, 18 September 2019
SUMMARY On or about 17 February 2005, Innovent Rental & Asset Management Solutions (PTY) Ltd (“the Appellant”), a company that finances the acquisition and leasing of equipment, entered into a Master Rental Agreement (“MRA”) with Transnet SOC LTD (“the Respondent”), under which it would acquire equipment in accordance with the specifications of the Respondent, and
- Published in 2019, law of contract, News
