Civil Procedure — Summary judgment — Defendants opposing summary judgment on grounds of defective affidavit and illiquid claims — Court finding that plaintiff's failure to comply with previous court order regarding contempt precludes it from obtaining summary judgment — Defendants establishing bona fide defence and counterclaims warranting trial — Application for summary judgment refused.
Administrative Law — Municipal Council Decisions — Urgent application to rescind decision of Umdoni Municipal Council appointing acting municipal manager — Applicants arguing unlawful reinstatement of fourth respondent — Respondents opposing on grounds of lack of urgency and abuse of process — Court finding that the founding affidavit was inadmissible due to the commissioning attorney's interest in the matter — Application struck off the roll with costs awarded to the respondents.
Civil Procedure — Condonation — Application for condonation of late delivery of notice of complaint and application to set aside combined summons — Applicant failing to provide adequate explanation for delay — Court finding no irregularity or prejudice to applicant — Application dismissed and costs awarded to respondent on attorney and client scale.
Administrative Law — Vocational training — Application for extension of practical vocational training contract — Applicant opposing interlocutory application by respondent to introduce supplementary affidavit — Court finding that main application cannot proceed until interlocutory application resolved — Main application postponed sine die with costs reserved for later determination.
Civil Procedure — Upliftment of bar — Application for upliftment of bar under Rule 27 of Uniform Rules — Applicant failing to provide reasonable explanation for delay in filing plea — Court finding no bona fide defence established — Application dismissed with costs.
Insolvency Law — Winding up — Application for provisional winding-up of respondent under s 344(f) of the Companies Act — Respondent unable to pay debts, having repudiated lease agreement — Court finding respondent committed act of insolvency and granting provisional winding-up order.
Labour Law — Review of disciplinary hearing — Application for review of internal disciplinary finding under section 145 of the Labour Relations Act — Court finding it lacks jurisdiction as the decision is not an arbitration award and no dispute was referred to conciliation or arbitration — Reliance on section 158(1)(h) deemed impermissible and misplaced — Application dismissed for lack of jurisdiction with no order as to costs.
Interdict — Interim interdict — Urgency — Applicant seeking interim interdict to prevent deductions from grants pending review proceedings — Court finding applicant failed to demonstrate urgency as required by Rule 6(12)(b) — Application struck from urgent roll and costs awarded to respondents.
Condonation — Application for condonation for late filing of leave to appeal — Applicant submitting online application but failing to file hard copy on time — Court finding inadequate explanation for delay and lack of prospects of success in underlying appeal — Application for condonation dismissed with costs awarded against the applicant.
Labour Law — Contempt of arbitration award — Applicant seeking leave to appeal dismissal of contempt application — Court finding that applicant was reinstated under a settlement agreement, rendering contempt application devoid of merit — Application for leave to appeal dismissed with costs on attorney and client scale.
Review — Promotion of Administrative Justice Act 3 of 2000 — Administrative decisions regarding public procurement — Applicant sought to review and set aside the Municipality's award of a tender for VAT recovery services to the third respondent and a month-to-month agreement for the same services — Both decisions found to be constitutionally invalid due to procedural irregularities — Court ordered the repayment of a portion of profits received by the third respondent and awarded costs to the applicant.
Delict — Negligence — Passenger injury — Plaintiff claiming damages after falling from a moving train with open doors — Court finding defendant (PRASA) negligent for operating the train in such a manner — No evidence of contributory negligence by the plaintiff established — Plaintiff entitled to 100% of proven damages.