Children's Law — Children's Court — Application to set aside order — Applicant sought to declare previous order unlawful and reinstate earlier order — Application dismissed due to improper service and lack of merit — Applicant failed to appear at hearing and did not provide compelling reasons for urgency — Court found no jurisdiction to set aside order without proper appeal or review process.
Family Law — Rule 43 — Application to set aside or vary rule 43 order — Applicant sought to set aside an order granted in his absence, claiming no material change in circumstances — Application dismissed as it constituted a disguised rescission rather than a variation — Court found no exceptional circumstances warranting interference with the original order.
Divorce — Antenuptial contract — Accrual system — Dispute regarding inclusion of tribal land properties in accrual calculation — Parties married out of community of property with an antenuptial agreement subjecting their marriage to the accrual system — Plaintiff sought divorce and division of accruals; defendant claimed entitlement to properties on tribal land — Court held that properties could not be included in the accrual calculation as they did not constitute assets of either party's estate, and the defendant's claims were not properly pleaded.
Labour Law — Dismissal — Fairness of dismissal — Appeal against Labour Court's finding of substantive fairness — Commissioner failed to determine appropriateness of dismissal sanction — Appellant dismissed for allegedly referring to colleagues as 'dumb' — Appeal upheld on grounds of reviewable irregularity due to commissioner’s failure to address procedural fairness — Cross-appeal on procedural unfairness rendered academic.
Competition Law — Review under PAJA — Inordinate delay in Tribunal decision — Cape Gate (Pty) Limited sought to review the Competition Tribunal's decision, which found it in contravention of s 4(1)(b)(i) of the Competition Act 89 of 1998, after a hearing that concluded on 28 June 2019, with the decision delivered on 18 August 2025 — Legal issue centered on whether the delay of over six years rendered the decision reviewable under PAJA — Holding that the delay, coupled with inadequate explanations from Tribunal members and reliance on post-hearing authorities without affording parties an opportunity to respond, constituted procedural unfairness, leading to the review application being upheld, the Tribunal's decision set aside, and the matter remitted for rehearing by a differently constituted panel.
Insolvency — Remuneration of trustees — Final trustee's entitlement to remuneration for services rendered before appointment — Appellant, a final trustee, claimed entitlement to share in remuneration earned by provisional trustees for work done prior to his appointment — Master ruled remuneration should be reflected as a single amount without distinction between provisional and final trustees — High Court set aside Master's decision, holding that only remuneration earned during a trustee's term of appointment is claimable — Appeal dismissed, confirming that a final trustee cannot claim remuneration for services rendered before their appointment.
Exchange Control Regulations — Cryptocurrency as capital — Applicants challenged forfeiture of Bitcoin assets by the Reserve Bank, arguing that cryptocurrency does not constitute "money," "capital," or "securities" under the Exchange Control Regulations — Court held that cryptocurrency, specifically Bitcoin, qualifies as "capital" for the purposes of section 10(1)(c) of the Regulations, and its transfer to foreign wallets constitutes unlawful exportation — Forfeiture order upheld as valid due to absence of Treasury permission for the transactions.
Eviction — Usufruct — Validity of usufruct registered in favour of third party — Dispute regarding the enforceability of a donation in antenuptial contract — Applicant sought eviction of spouse residing on property subject to usufruct — Counter application to set aside usufruct based on its simulated nature — Court found usufruct invalid as it aimed to defeat donee spouse's vested rights under antenuptial contract — Usufruct registered after execution of antenuptial contract deemed a simulated transaction and set aside.
Leave to appeal — Guarantee agreement — Distinction between suretyship and guarantee — Respondents sought leave to appeal against a judgment ordering them to pay a capital amount under a guarantee agreement — Court found that the guarantee created principal and independent obligations enforceable upon written demand, irrespective of any disputes regarding the underlying obligations of Climealine under the share sale agreement — Application for leave to appeal dismissed.
Negligence — Motor vehicle accident — Plaintiff injured in collision with defendant's insured driver — Plaintiff sustained serious injuries resulting in chronic pain and reduced earning capacity — Defendant failed to enter appearance to defend — Court found defendant liable for 100% of plaintiff's proven damages — Plaintiff's claim for loss of earnings supported by expert reports — Court applied a 15% contingency deduction on future earnings due to plaintiff's precarious post-accident career — Total loss of earnings awarded to plaintiff calculated at R1 554 457.65 — Undertaking for future medical expenses granted.
Prescription — Acknowledgment of debt — Promissory note — Section 11(c) of the Prescription Act 68 of 1969 — Section 87(1) of the Bills of Exchange Act 34 of 1964 — Plaintiff sought payment of R696 002.42 based on an acknowledgment of debt (AOD) from the defendant — Defendant raised a special plea of prescription, arguing that the claim had prescribed after three years — Court held that the AOD constituted a promissory note, subject to a six-year prescription period — Special plea dismissed, with costs to be costs in the cause.
Damages — Motor vehicle accident — Application for default judgment — Plaintiff, a pedestrian, struck by insured vehicle — Defendant (Road Accident Fund) failed to comply with court orders regarding mediation and pre-trial conference — Plaintiff granted leave to seek default judgment — Expert evidence presented on injuries, loss of earnings, and future employability — Court assessed damages, considering pre-existing health condition and applying appropriate contingency deductions — Plaintiff awarded compensation for past and future medical expenses, loss of earnings, and general damages.