Written by Marc Gevers, Candidate Attorney, checked by Lauren Squier, Associate and released by Maike Gohl, Partner at Schindlers Attorneys 23 August 2021 Background This case deals with an application for leave to appeal against a costs order, which was made when the Applicant’s application to be admitted as a legal practitioner and enrolled as
Written by Eileen Dexter, Candidate Attorney and Nicola Nieuwoudt, Partner Introduction Parental alienation occurs when one parent undermines or prejudices the contact and relationship between the child and the other parent for no valid reason. Parental alienation is a set of processes and behaviors adopted by a parent to deliberately and knowingly damage the relationship
Article written by Danisha Naidu, Candidate Attorney, checked by Jayna Hira, Associate and released by Charlotte Clarke, Partner at Schindlers Attorneys. 18 August 2021 Background and Facts In this matter, the close relatives of the Deceased brought forth an application in which they sought an order directing the Master of the High Court, Cape Town
Article written by Celeste Frank, Candidate Attorney, checked by Jordan Dias, Associate and released by Nicola Nieuwoudt, Partner at Schindlers Attorneys. 13 August 2021 IntroductionIn circumstances where parents are divorced / separated, disputes regarding the relocation of minor children could arise. These disputes are often difficult to adjudicate on as one parent may have sound
Article written by Angela Paschalides, Candidate Attorney, checked by Michal Asoulin, Associate and released by Charlotte Clarke (Solicitor of England and Wales) Background The High Court of Justice of England and Wales (Commercial Court, Business and Property Courts) (the “Court”) heard an application for contempt by Lakatamia Shipping Company Limited (the “Claimant”) against Hsin Chi
PROTEST ACTION
By Maike Gohl, Partner; Lauren Squier, Associate and Katleho Selepe, Candidate Attorney Introduction The recent occurrence of protest action experienced throughout South Africa has resulted in many buildings and properties being damaged. This has caused property owners to suffer substantial losses. Following the protest action, the City of Johannesburg Metropolitan Municipality (“the City”) has invited
Article was written by Snazo Tuswa, Candidate Attorney, checked by Jayna Hira, Candidate Attorney and released by Charlotte Clarke, Senior Associate at Schindlers Attorneys. 10 August 2021 Background Mr Moonisami (“the First Respondent”) launched a liquidation application to liquidate Blendrite (“the First Appellant”), which had two directors, namely, the First Respondent and Mr Palani (“the
cancellation of a lease agreement
Article was written by Nombuyiselo Mvelase, Candidate Attorney, checked by Kyle Venter, Candidate Attorney and released by Mike Gohl, Senior Partner at Schindlers Attorneys. 6 August 2021 Introduction The Covid-19 pandemic has impacted all spheres of society and lease agreements are no exception to this. Many lessees have been forced to cancel their lease agreements
company in South Africa
Article was written by Stef de Gouveia, Candidate Attorney, checked Ashley Butler, Associate and released by Keane Robertson, Senior Partner at Schindlers Attorneys. 4 August 2021 INTRODUCTIONBefore registering a company, one needs to consider what type of entity is required. In South Africa, the Companies Act 71 of 2008 (the “Act”) provides that no new
Nedbank Ltd v Mzizi and Related Cases 2021 (4) SA 297 (GJ)
Article was written by Marc Gevers, Candidate Attorney, checked Davina Naidoo and released by Maike Gohl Senior Partner at Schindlers Attorneys. 4 August 2021 BackgroundAll three cases falling within this judgment (Mzizi, Deyzel and Mbethe), involved default judgment applications for an order allowing for the execution on the immovable property of the respective debtors in