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Labour Law — Restraint of Trade — Enforcement of confidentiality and restraint agreements — Applicant sought to enforce restraint and confidentiality undertakings against former employee who joined a competitor — Application brought under section 77(3) of the BCEA — Respondents opposed the application, asserting no breach occurred — Court found urgency justified due to potential irreparable harm to the applicant — Requirements for interdict satisfied, and order granted as sought.
Companies — Business rescue — Application in terms of s 131(1) of the Companies Act 71 of 2008 — Applicant seeking to place financially distressed mining company under supervision — First respondent attempting to initiate voluntary business rescue proceedings while court application pending — Court finding that two competing business rescue processes cannot coexist — Resolution adopted by first respondent set aside as not made in good faith — Court emphasizing the need for genuine pursuit of business rescue objectives.
Municipal Law — Credit Control Measures — Urgent application to stop imposition of credit control measures and restore electricity supply pending resolution of dispute — Applicant's electricity supply disconnected following allegations of meter tampering — Respondent's refusal to provide assurance against credit control measures despite acknowledgment of dispute — Applicant seeks interim interdict to prevent further action by the respondent — Court finds that the respondent's actions were unjustified and ordered reconnection of electricity supply.
Tort — Road Accident Fund — Claim for damages arising from motor vehicle accident — Plaintiff involved in accident as passenger, sustaining injuries — Defendant failed to defend claim, resulting in default judgment — Court found Defendant liable for 100% of proven damages — Assessment of quantum considered expert evidence regarding nature and extent of injuries — Plaintiff diagnosed with soft tissue injury, with no significant long-term impact on employment or earning capacity — Court concluded that while Plaintiff experienced some pain and discomfort, the injuries did not substantially affect her ability to work or her quality of life.
Execution — Deed of settlement — Enforcement of settlement agreement — Applicant sought to enforce a deed of settlement against respondents for outstanding balance following the sale of property — Respondents contended that loan amount was improperly paid to a third party, undermining the validity of the debt and alleging irregularities in the property sale — Court found that material disputes of fact existed regarding the loan payment and the sale process, necessitating further evidence to resolve these issues.
Administrative Law — Access to Information — Promotion of Access to Information Act — Applicant seeking review of CCMA's refusal to provide requested records — CCMA's failure to respond within statutory time frame resulting in deemed refusal — Court finding that the applicant has a constitutional right to access information held by a public body — Decision of the CCMA set aside and records ordered to be provided.
Delict — Road Accident Fund — Default judgment application — Plaintiff, a minor, injured in a hit-and-run accident — Defendant failing to file a plea after being served — Court finding defendant 100% liable for damages — Expert evidence presented on plaintiff's injuries and future earning capacity — Court reassessing contingencies for loss of earnings, ultimately awarding R4 172 300.00 for loss of earnings/earning capacity.
Contract — Suretyship — Enforcement of suretyship agreements — Applicant seeking judgment for amounts owed under business overdraft and instalment sale agreements — Respondents raising procedural points in limine and a defence under the National Credit Act — Court finding no bona fide defence on the merits and dismissing the points in limine — Applicant entitled to relief sought, including return of vehicles and costs on attorney and own client scale.
Contract — Lease Agreement — Eviction — Landlord seeking eviction of Tenant for non-payment of rent — Tenant contesting validity of lease cancellation due to improper notice — Court finding that Landlord failed to comply with notice requirements as per lease agreement, rendering cancellation invalid — Application for eviction dismissed.
Eviction — Urgent application — Applicant seeking to interdict eviction pending rescission application — Court finding lack of urgency in the application — Previous eviction order reinstated — Applicant's failure to attend prior proceedings and establish urgency led to dismissal of application.
Interdict — Interim interdict — Urgent application for interdict restraining transfer of property — Applicant sought to prevent transfer pending final determination of Rule 46A application — First respondent acknowledged indebtedness but did not oppose application; second respondent claimed ownership through purchase — Court considered urgency, res judicata, and requirements for interim interdict — Found that applicant satisfied Setlogelo requirements for interim relief, including valid unsatisfied judgment and irreparable harm — Interim interdict granted to prevent transfer of property pending resolution of substantive application.
Insolvency — Winding-up application — Application for final winding-up of Jicama 51 (Pty) Ltd by ABSA Bank Limited on grounds of inability to pay debts — Respondent's indebtedness arising from overdraft facility agreement — Provisional winding-up order granted — Respondent opposing application, alleging improper service of demand and denying insolvency — Court held that service of demand was valid despite respondent's claims, and confirmed the provisional winding-up order due to the respondent's failure to pay its debts as required by the Companies Act 61 of 1973.