Labour Law — Review of arbitration award — Applicant challenging dismissal of employees for alleged misconduct — Review based on claims of unreasonable conclusion and hearsay evidence — Court finding that the Commissioner failed to properly consider the evidence presented, leading to an unreasonable outcome — Review application granted, and the dismissal of the employees set aside.
Intellectual Property — Patent — Infringement — Appeal against finding of patent infringement by Kido Staalwerke CC of Safety Engineering International LLC's patent for vehicle rollover protection — Court restating the test for infringement and the onus on the patentee — Kido Staalwerke admitting to manufacturing and selling a product that falls within the scope of the patent claims — Appeal dismissed with costs.
Appeal — Leave to appeal — Section 17(1)(a) of the Superior Courts Act 10 of 2013 — First respondent seeking leave to appeal against judgment declaring transfer of assets void under section 341(2) of the Companies Act 61 of 1973 — Court finding reasonable prospects of success and compelling reasons for appeal — Leave to appeal granted to Full Court of Gauteng Division.
Labour Law — Review of Condonation Ruling — Applicant sought to review a ruling by the commissioner of the General Public Service Sectoral Bargaining Council that refused condonation for the late referral of an unfair labour practice dispute regarding non-shortlisting for a position. The applicant contended that the delay was linked to the timing of a rescission ruling. The Department opposed the review, arguing that the condonation ruling was not reviewable under section 145 of the Labour Relations Act. The Court found that the review was properly brought under section 158(1)(g) and determined that the applicant's late referral was condoned, as the review was initiated within a reasonable time and the Department did not assert any prejudice.
Contract — Breach of contract — Damages — Plaintiff, a contractor, claims damages for breach of contract after defendant municipality cancelled a contract for clearing invasive alien vegetation — Court to determine whether cancellation was lawful and if plaintiff suffered loss — Plaintiff required to establish breach and loss without proving quantum at this stage — Court finding that the defendant's cancellation was unlawful and constituted a repudiation of the contract.
Delict — Road Accident Fund — Claim for future loss of income — Plaintiff involved in two motor vehicle accidents — First accident resulting in pre-existing injuries — Court determining quantum of damages for second accident — Plaintiff required to prove impairment of earning capacity and patrimonial loss — Court allowing amendment of claim amount based on actuarial report — Evidence of occupational impact from second accident considered — Claim for damages granted with adjustments for pre-existing conditions.
Eviction — Locus standi — Appeal against eviction order — Appellants, as trustees of the Tommy Joubert Trust, challenging the dismissal of their eviction application based on alleged lack of standing — Court finding that the Trust had the necessary locus standi as it owned the properties and had authorized the trustees to act on its behalf — Errors in the lower court's judgment regarding locus standi identified — Appeal upheld and matter remitted for determination of merits.
Arbitration — Review of arbitration award — Jurisdiction — Applicant seeking review of arbitration award concerning eligibility of player — Arbitrator upholding complaint of ineligible player registration — Court finding that the arbitrator misdirected herself regarding the interpretation of rule 13.11 of the SAFA Competition Uniform Rules — Court confirming rule nisi and setting aside the arbitration award due to lack of jurisdiction to condone late complaints.
Consumer Protection — Warranty — Limited Recovery Warranty in vehicle-tracking agreement — Applicant claiming payment for stolen vehicles under warranty — Respondent rejecting claims based on applicant's failure to comply with quarterly testing obligation — Court finding that warranty exclusion clauses did not meet statutory notice requirements under section 49 of the Consumer Protection Act 68 of 2008 — Clauses severed from agreement, allowing warranty claims to proceed.
Company Law — Name Change — Application for name change under Section 160 of the Companies Act — Applicant claiming trademark rights in 'MAKGOBA' and 'MAKGOBA AFRICA' — First Respondent's name 'Makgoba Trading Group' found to be confusingly similar to Applicant's trademarks — Default judgment granted ordering First Respondent to change its name to avoid confusion.
Criminal Law — Murder and robbery — Appeal against conviction and sentence — Appellant convicted of murder and robbery with aggravating circumstances — Sentenced to life imprisonment and 15 years respectively, to run concurrently — Appellant's plea explanation and evidence presented at trial — Court finding sufficient evidence to uphold convictions despite appellant's claims of innocence and alternative explanations — Appeal dismissed.
Taxation — Deductions — Appeal against disallowance of deductions claimed by Taxpayer Olie for expenses incurred on behalf of associated company Clarisse Mining Limited during care and maintenance period — SARS contending expenses not incurred in production of Taxpayer's income — Court finding that expenses were not actually incurred by Taxpayer as they were liabilities of Clarisse, and thus not deductible under section 11(a) of the Income Tax Act — Appeal dismissed.