Damages — Loss of earnings — Plaintiff claiming damages for loss of earnings due to injuries sustained in a motor vehicle accident — Defendant conceding liability but disputing contingency deductions — Court determining appropriate contingency deductions of 8% for uninjured and 45% for injured scenarios based on actuarial calculations — Plaintiff entitled to payment of calculated loss of earnings and costs.
Summary Judgment — National Credit Act — Enforcement of credit agreement — Applicants seeking summary judgment for outstanding debt under mortgage agreement — Respondent claiming non-receipt of s 129 notice and disputing default — Court finding that statutory delivery of notice was not sufficiently established by applicants — Summary judgment refused pending compliance with statutory requirements.
Summary Judgment — Grain purchase agreement — Applicant seeking summary judgment for alleged overpayment to Trust — Respondents disputing existence of agreement and suretyship — Court finding bona fide defences and triable issues disclosed by respondents — Summary judgment refused and leave to defend granted.
Labour Law — Rescission of court order — Application for rescission of order dismissing review application for unfair dismissal — Applicant not receiving notice of set down due to incorrect email address — Court finding that order was erroneously made in absence of Applicant — Rescission application granted.
Leave to appeal — Superior Courts Act 10 of 2013 — Application for leave to appeal against judgment granting absolution from the instance — Plaintiffs failing to demonstrate reasonable prospects of success or compelling reasons for appeal — Notice of application containing excessive and repetitive grounds — Court finding no prima facie case established and dismissing application for leave to appeal.
Labour Law — Review application — Reinstatement of review application deemed withdrawn under rule 37(15) — Applicant seeking condonation for late filing of transcribed record — Court finding that a complete record was delivered by the CCMA on 19 August 2025, triggering the 60-day period for filing — Delay in filing transcriptions explained but deemed insufficient for reinstatement — Application for reinstatement treated under rule 37(18) and dismissed.
Execution — Stay of execution — Default judgment — Applicant seeking stay of execution of a warrant of repossession following a default judgment granted by the registrar — Applicant contending that the default judgment is not a valid court order due to lack of endorsement — Court finding that the registrar's judgment is valid and capable of execution — Application for stay of execution dismissed.
Arbitration — Leave to appeal — Application for leave to appeal against judgment setting aside arbitrator's award — Court finding no reasonable prospect of success on appeal — Grounds of appeal considered and dismissed — Application for leave to appeal dismissed with costs.
Mootness — Declaratory relief — Applicant seeking declaration of unlawful removal from Executive Committee of Waenhuiskrans/Arniston Ratepayers Association — Court finding that the matter had become moot as the applicant's term expired and he did not stand for re-election — Jurisdictional requirements for declaratory relief not met — Applications for amendment and supplementary affidavit refused, and main application dismissed with costs.
Labour Law — Unfair dismissal — Review of arbitration award — Employee dismissed for theft of scrap material — Arbitrator finding dismissal substantively unfair — Labour Court dismissing employer's review application — Labour Appeal Court upholding Labour Court's decision, finding no reviewable irregularity in the arbitrator's award and confirming that the employer failed to prove the fairness of the dismissal.
Labour Law — Review of arbitration award — Application to review and set aside an arbitration award finding dismissal for gross dishonesty fair — Applicant alleged failure to disclose vaccination of children without consent — No grounds for review established — Court upholding the arbitration award as reasonable and justifiable.
Labour Law — Review of arbitration award — Applicant seeking to set aside arbitration award finding dismissal substantively fair but procedurally unfair — Application for condonation for late filing of review application — Court finding applicant failed to provide satisfactory explanation for delay and prospects of success insufficient — Condonation application dismissed.