Case summary written by Sean Buskin and checked by Danmari Duguid 22 October 2020 Background In this matter, the Standard Bank of South Africa Limited (“the Applicant”) launched an application in terms of Rule 4(2) of the Uniform Rules of Court, requesting substituted service of a notice in terms of section 129(1)(a) of the National

DEBT COLLECTION FOR BEGINNERS

By Lisa Schmidt (Associate), Kirsten Chetty (Associate) andWade Jacobs (Candidate Attorney) Taking legal action: initiating process Recovering outstanding amounts can be done effectively through various debt collection mechanisms. Drafting and dispatching a letter of demand has become a prerequisite to any debt collection proceeding. A letter of demand not only sets out the basis of
Case summary written by Dean Scher and checked Ayanda Katjitae 13 October 2020 Background The focus of the judgment is whether the Court has jurisdiction to make an order based upon the agreement of the parties’ legal representatives, where one of the parties had not agreed to the order. Mr Mark Gary Denby, (“the Plaintiff”)
Case summary written by Angela Paschalides and checked by Michal Asoulin and Charlotte Clarke 20 October 2020 Background The High Court of Justice of England and Wales (Commercial Court, Queen’s Bench Division) (the “Court”) heard a case wherein pursuant to Civil Procedure Rule 39.3 (“CPR 39.3”), F Whale Corporation (the “First Defendant”) and TMT Co,

How Much Do You Know About Cannabis?

Cannabis Education for Employers, Managers and HR Professionals Arrives in South Africa Brought to you by Schindlers Attorneys, RCU Canada and EduCann Cannabis has, to a degree, been decriminalised in South Africa since September 2018. Although this doesn’t technically mean that cannabis is legal, it does mean that it is no longer a criminal offence for adults to
By Chantelle Gladwin-Wood (Partner) and Maike Gohl (Partner) 10 September 2020 INTRODUCTION There can be nothing more alarming than suddenly receiving a monthly invoice containing municipal charges that far exceed what you had expected or budgeted for. There are three possible reasons why you may have suddenly received an unusually high water bill. The City*
By Chantelle Gladwin-Wood (Partner) and Maike Gohl (Partner) 10 September 2020 INTRODUCTION Properties on which residential sectional title schemes or apartment blocks are built must be billed by the City in a manner that takes into account the number of ‘dwelling units’ or ‘flats’ at the property. This is because in terms of the latest
Case summary written by Kyle Venter and checked by Anja van Wijk 15 October 2020 BACKGROUND               The Appellant in this matter is Llewellyn Jo-Peter Philander. The Appellant is also the current owner of the property known as Erf 4288 Darling (“the Property”). The First Respondent is Chadley Makiet (“the occupant”), the occupant is currently residing
By Marc Barros Gevers, Candidate Attorney and Dingumuzi Ndhlovu, Associate 22 September 2020 Introduction As the old adage goes, nothing is certain in life but death and taxes. However, unlike the former, there are certain entities which are exempt from normal tax. These tax-exempt entities are provided for in Section 10 of the Income Tax
Case summary written by Ashleigh Butler and checked by Shaun Piveteau. BACKGROUND FACTS The Organisation Undoing Tax Abuse (“OUTA”) and the South African Airways Pilot Association (“SAAPA”) issued summons against Ms Duduzile Myeni (“Myeni”), South African Airways Soc Ltd (“SAA”), Air Chefs Soc Ltd (“Air Chefs”) and the Minister of Finance. No relief was sought