Delict — Action for damages — Personal injuries — Plaintiff claiming for injuries sustained in a motor vehicle accident — Merits and general damages settled, with only quantum for past and future loss of earnings in dispute — Defendant conceded liability at 100% — Court tasked with determining earning parameters and appropriate contingency deductions for loss of income — Plaintiff suffered severe injuries impacting employability, including psychological effects — Court awarded R 5 745 890 for past and future loss of income, plus costs.
Damages — Road Accident Fund — Quantum of damages for loss of earnings and medical expenses — Plaintiff, a minor, sustained serious injuries in a motor vehicle accident but made a remarkable recovery and is currently employed — Claim for damages of R15,547,439.00 deemed grossly exaggerated and not reflective of actual proven losses — Court rejects speculative pre-accident earnings projections and high contingency deductions based on current employment status and performance — Award adjusted to reflect realistic and evidence-based assessment of damages.
Criminal Law — Sentencing — Minimum sentence provisions — Appeal against sentence of 15 years imprisonment for corruption — Appellants convicted of corruption under the Prevention and Combating of Corrupt Activities Act — Court a quo found no substantial and compelling circumstances warranting a departure from the minimum sentence — Appeal dismissed as the sentence was not disproportionate and the trial court's discretion was not improperly exercised.
Labour Law — Review of arbitration award — Application to review and set aside an arbitration award concerning compliance with the Main Collective Agreement — Applicant, a textile manufacturer, contested the grading of sewing machinists as per the compliance order issued by the First Respondent — The arbitrator found that the Applicant had not complied with the grading requirements, leading to the review application — Court held that the matter was prematurely referred to arbitration as the necessary grading grievance procedure had not been established at the plant level, resulting in the arbitration award being reviewed and set aside.
Labour Law — Unfair dismissal — Review application — Appellant dismissed from SAPS after disciplinary hearing — Labour Court dismissing application for review due to late filing — Appellant failing to provide satisfactory explanation for delay — Appeal court upholding Labour Court's decision, finding no grounds for condonation of late filing and confirming dismissal as lawful.
Summary Judgment — Claim admitted — Written agreement excluding right of set-off — Summary judgment granted. Plaintiff, Tirepoint (Pty) Ltd, sought summary judgment for R4 823 649.09 arising from a breach of a credit facility agreement after delivering goods to the defendant, Timelink Cargo (Pty) Ltd, which admitted the claim amount but raised counterclaims for damages. The court found that the agreement expressly excluded the right of set-off, and Timelink's defences did not constitute a bona fide defence to the summary judgment application. Summary judgment was granted in favour of Tirepoint.
Rescission of judgment — Default judgment — Application for rescission of default judgment granted — Applicant claiming it was unaware of summons due to improper service — Court finding that the applicant provided a reasonable explanation for the default and had a bona fide defence — Condonation for late filing of the application for rescission granted as no prejudice to the respondent was established.
Civil Procedure — Striking out of defence — Respondent's failure to comply with court order regarding pre-trial conference — Respondent's email sent to incorrect address due to administrative error — Striking out defence deemed disproportionate as no concrete prejudice demonstrated by applicant — Court allows matter to proceed on merits with punitive costs order against respondent.
Business Rescue — Review of Expert Award — Application to review and set aside portions of an Expert Award regarding claims against a company in business rescue — Applicant sought recognition of claims amounting to R50 836 127.31 and R8 970 000.00, along with interest — Expert's findings dismissed the agreed amounts, leading to claims of gross irregularity and irrationality — Court held that the Expert's decision was reviewable due to misconstruction of the issues and failure to consider relevant evidence, resulting in the setting aside of the contested portions of the Award.
Civil Procedure — Amendment of Plea — Application for leave to amend Plea in terms of Rule 28(4) of the Uniform Rules — Respondent opposing on grounds of non-compliance and lack of authority — Court finding that late filing of application does not cause amendment to lapse and granting condonation — Interests of justice served by allowing amendment despite procedural non-compliance.
Law of contract — Validity of contract — Breach of duty of care — Plaintiff, Amanda Macpherson, claimed damages for the loss of a Laser machine valued at R711,160, alleging breach of contract and negligence by the Defendants, Seaborne Inexpress (Pty) Ltd and Protea Electronics (Pty) Ltd, in failing to deliver the machine as agreed. The Defendants contended that no valid agreement existed between them and the Plaintiff. The court found that the Plaintiff failed to prove the existence of a contractual obligation or breach thereof. Claim dismissed with costs awarded to the First Defendant.
Appeal — Application for leave to appeal — Applicant sought leave to appeal against judgment regarding compliance with sections 129 and 130 of the National Credit Act — Applicant contended that the court erred in its findings on notice delivery, timing of summons, and failure to establish a bona fide defence — Court found no misdirection of fact or law and that the applicant's arguments were a rehash of previously rejected contentions — Application for leave to appeal dismissed.