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Damages — General damages — Motor vehicle accident — Plaintiff sustained injuries as a passenger in a bus accident, resulting in a torn medial collateral ligament and ongoing pain — Liability and loss of earnings settled, dispute remaining on quantum of general damages — Plaintiff sought R700,000 to R800,000 based on expert medical testimony, while defendant argued for a lesser amount citing lack of current evidence of functionality — Court considered previous case law on general damages and determined the appropriate compensation for the plaintiff's injuries and their impact on her life.
Labour Law — Rescission of judgment — Application for rescission of default judgment granted due to absence of legal representative — Applicant sought to rescind a judgment made in their absence, which set aside an arbitration award and ordered promotion with backpay — Judgment was granted without full knowledge of the circumstances surrounding the representative's non-appearance due to flight delays — Court found reasonable explanation for non-appearance and prima facie prospects of success in the review application, leading to the rescission of the default judgment and allowing the review to proceed.
Divorce — Division of joint estate — Application for relief to finalise division of joint estate following divorce — Applicant contending first respondent obstructed liquidation process — Evidence showing first respondent cooperated with liquidator — Previous court order empowering liquidator to wind up joint estate — Application deemed unnecessary and moot as relief sought already granted — Costs awarded against applicant.
Winding-up — Application for winding-up — Failure to discharge debt — Respondent indebted to applicant in the amount of R6 903 267.07 for goods and services rendered — Respondent's acknowledgment of debt and failure to pay despite demand — Intervening party's claim against respondent supports application — Respondent's assertion of bona fide dispute regarding debt rejected as unsubstantiated — Court finds respondent unable to pay debts as they become due — Winding-up order granted.
Companies — Removal of directors — Application for removal of director under section 71(8)(b) of the Companies Act 71 of 2008 — Applicant alleges Respondent's unavailability due to involvement in another business negatively impacts company — Tribunal finds no evidence of negligence or dereliction of duties by Respondent — Application dismissed.
Labour Law — Restraint of trade — Application for leave to appeal — Applicant sought to enforce a restraint of trade agreement against the first respondent, which was dismissed by the Labour Court — Applicant applied for leave to appeal, arguing errors in the original judgment regarding its status as a labour broker and the existence of a protectable proprietary interest — Court found no reasonable prospect of success on appeal and dismissed the application with costs on a punitive scale.
Environmental Law — Environmental authorisation — Res judicata — Applicant challenging environmental authorisation granted to SAFAM for composting facility — Supreme Court of Appeal ruling that settlement order between SAFAM and Department rendered challenge res judicata — Constitutional Court finding that the extension of res judicata principle and non-joinder implicate applicant's rights of access to courts and just administrative action — Appeal upheld and matter remitted for further hearing.
Public Procurement — Legality review — Deviation from procurement prescripts — Applicant municipality sought to review and set aside a council resolution approving a lease agreement with the respondent without a competitive tender process — Court held that the resolution and lease agreement were unconstitutional and invalid — Applicant ordered to pay unpaid rental and consumption charges for the period of occupation, with provisions for determining the amounts in case of disagreement.
National Credit Act — Credit agreements — Distinction between discounting agreements and loans — Appellant sought judgment for unpaid amounts under agreements characterized as discounting agreements — High Court found agreements constituted credit agreements under the National Credit Act, dismissing the application due to non-compliance with the Act — On appeal, the Supreme Court of Appeal held that the agreements were indeed discounting agreements, not loans, and thus not subject to the Act, allowing the appeal and granting judgment in favor of the appellant.
Judicial review — Voluntary association — Disciplinary proceedings — Composition of Board — Principles of natural justice — Adequacy of notice of charges — Right of confrontation — Review of disciplinary findings and sanctions — Remittal as appropriate remedy. The Divine Life Society of South Africa conducted disciplinary proceedings against member Avinash Parshotam, finding him guilty of multiple charges and revoking his membership. Parshotam challenged the validity of the proceedings, arguing that the Board was improperly constituted as it lacked required renunciates and that the principles of natural justice were not adhered to. The High Court upheld his review, setting aside the Board's decisions but declined to grant declaratory relief regarding future proceedings. The legal issues included whether the Board was lawfully constituted, whether the decisions should be reviewed for failure to observe natural justice, and whether Parshotam was entitled to declaratory relief. The Supreme Court of Appeal dismissed the appeal against the High Court’s order, confirming the improper constitution of the Board and remitting the disciplinary proceedings back to the Society for reconsideration, while dismissing the cross-appeal.
Companies — Name registration — Application for determination of confusing similarity — Applicant CMG Pepper LLC sought an order directing Chipotle Mexican Grill Restaurant (Pty) Ltd to change its name, claiming it was confusingly similar to its well-known trademark. — The first respondent failed to respond to the application or provide justification for its name. — The Tribunal found the name "Chipotle Mexican Grill Restaurant" to be confusingly similar to the applicant's trademark, contravening sections 11(2)(b) and (c) of the Companies Act 71 of 2008, and granted a default order for the name change.