Case summary written by Phathu Ratshitanga and checked by Kirsten Chetty Background This case concerns an alleged unlawful nuisance in the form of an offensive odour. The matter was initially heard before a single judge in the Western Cape Division of the High Court of South Africa (“the Court a quo”) and was later taken

By Phathu Ratshitanga and checked by Lauren Squier        Background In this matter, judge Perram of the Federal Court of Australia dealt with an application for postponement of a trial which was set down for a period of six weeks, commencing 16 June 2020. The trial, a class action in relation to faulty

By Phathu Ratshitanga and checked by Wesley Pons    Background This is an appeal in which the Supreme Court of Appeal (the “SCA”) upheld the findings of the Gauteng Division of the High Court, Pretoria (the “Trial Court”) where Twala AJ sat as the court of first instance. The issue before the trial court was

By Lauren Squier, Associate and Phathutshedzo Ratshitanga, CandidateAttorney Introduction The allocation of parking is one of the most contentious and sensitive topics in sectional title schemes and trustees often have to ensure that they apply only lawful methods in allocating parking in order to avoid members challenging the legality of same.  This article explains how

By Lauren Squier, Associate and Phathutshedzo Ratshitanga, Candidate Attorney Introduction We are now well into the national lockdown in the fight against COVID-19. A recurring question within this period has been whether employers can expect their employees to leave the safety of their homes and keep working for them and the possible consequences that can