Contempt of Court — Urgent application for contempt — Applicant seeking to hold first and third respondents in contempt for violating an interim interdict — Court finding that the respondents' actions constituted clear defiance of the court order — Committal ordered, suspended on strict conditions, with costs awarded on an attorney and client scale.
Insolvency Law — Provisional liquidation — Application for provisional liquidation of a company — Applicant establishing inability of Respondent to pay debts as per s344(f) and s345 of the Companies Act 61 of 1973 — Respondent failing to make payments due under loan agreements — Court finding that the Applicant met the requirements for a provisional winding-up order — No basis to exercise discretion against making the order despite Respondent's procedural objections.
Administrative Law — Animal Improvement Act — Registration of breeders’ society — High court granting declaratory relief and order of substitution for registration of Chianina Cattle Breeders’ Society — Appeal by Registrar of Animal Improvement against high court decision — Court finding that high court did not usurp Registrar's powers and that the first respondent was not obliged to exhaust internal appeal process before approaching the court — Appeal dismissed with costs.
Labour Law — Review of arbitration award — Applicants challenging dismissal for alleged complicity in robbery — Panelist finding applicants guilty based on insufficient evidence and flawed reasoning — Court finding that the panelist's conclusion was not one that a reasonable decision-maker could reach, leading to the review and setting aside of the award.
Jurisdiction — Settlement agreement — Valuation report — Appeal against court a quo's order for payment based on alleged excess of valuer's mandate — Appellants contending that the valuation was final and binding, and that the court lacked jurisdiction to review the valuer's report — Court finding that the interpretation of the settlement agreement and the review of the valuation were within its jurisdiction — Appeal dismissed with costs.
Delict — Road Accident Fund — Damages — Plaintiff, a pedestrian, injured in a motor vehicle accident, claiming general damages, loss of earnings, and future medical expenses from the Road Accident Fund — Liability settled at 80/20 in plaintiff's favor — Court awarding total damages of R1 142 321.48 after considering expert evidence on loss of earnings and general damages, with a focus on the need for future medical treatment.
Labour Law — Dismissal — Review of arbitration award — Applicant dismissed for insubordination and breach of university policy — CCMA finding dismissal substantively and procedurally fair — Applicant's claims of procedural unfairness and denial of legal representation rejected — Court upholding CCMA's decision as reasonable and justified.
Companies — Winding-up — Provisional winding-up application — Applicant seeking winding-up of Respondent for inability to pay debts — Respondent acknowledging indebtedness but disputing part of the debt due to alleged defective goods — Court finding no bona fide dispute raised and Respondent commercially insolvent — Provisional winding-up order granted.
Eviction — Unlawful occupation — Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 — Applicants seeking eviction of respondents from premises owned by second applicant — Respondents occupying premises under lease agreement since 2014, failing to pay rent — Court finding that lease was lawfully cancelled in 2025 due to non-payment — Eviction order granted as just and equitable despite respondents' claims of hardship.
Civil Procedure — Amendment of pleadings — Application for leave to amend particulars of claim — Plaintiff seeking to delete references to 'reservoirs' in the context of an insurance claim — Defendants objecting on grounds of bad faith and excipiability — Court finding that the amendment was bona fide and necessary to ventilate the real dispute — Leave to amend granted with costs awarded against the defendants.
Delict — Quantum of damages — Future medical and hospital expenses — Plaintiff claiming damages for future loss of earnings due to serious injuries sustained in a motor vehicle accident — Defendant conceding 80% of merits — Court finding that the addendum report of the Plaintiff's expert lacked proper reasoning and factual foundation, leading to the rejection of the report — Plaintiff ordered to file a fresh actuary’s report and both parties to submit notes on contingencies.
Appeal — Leave to appeal — Application for leave to appeal against dismissal of Rule 30A applications — Applicants contending that another court would reasonably arrive at a different conclusion — Court finding no reasonable prospect of success and no compelling reasons for appeal — Application for leave to appeal dismissed with costs.