Delict — Motor vehicle accident — Passenger claim for damages — Plaintiff sustaining injuries and claiming loss of earnings — Court finding 100% liability on the defendant due to lack of evidence to the contrary — Expert evidence from industrial psychologist and actuary accepted, leading to substantial damages awarded for loss of earnings despite challenges to the reliability of the evidence.
Costs — Security for costs — Application for security for costs by defendant under rule 47(3) of the Uniform Rules of Court — Plaintiff's cessation of trading and inability to pay costs if unsuccessful — Court finding sufficient reason to believe that plaintiff will be unable to pay defendant's costs — Security ordered, with amount and manner to be determined by the Registrar.
Delict — Motor vehicle accident — Appeal against dismissal of claim for future loss of earnings — Trial court erroneously finding that appellant retained pre-accident earning capacity based on incorrect assumption of educational qualifications — Appeal court determining that appellant's injuries significantly compromised her earning capacity — Appeal upheld with damages awarded for future loss of earnings calculated at R3 667 781.70.
Interdict — Interim interdict — Urgent application for interdict restraining removal of historical rock dumps pending mineral rights dispute — Applicant claiming prima facie right to material based on prospecting right and agreement with landowner — Court finding prima facie right established, apprehension of irreparable harm, and balance of convenience favouring applicant — Rule nisi granted with interim effect.
Labour Law — Unfair Labour Practice — Review of arbitration award — Applicant seeking to set aside award finding no unfair labour practice in promotion dispute — Evidence showing change in selection criteria without authority — Court finding that the first respondent acted unfairly by not promoting the applicant based on improper criteria — Award set aside and applicant entitled to appropriate relief.
Land Law — Lease Agreements — Competing claims to farming properties — Appellant seeking to set aside judgments declaring 2017 lease valid and 2025 lease invalid — Court finding that the 2017 lease was valid despite alleged lack of authority and statutory non-compliance — Eviction order granted against appellant based on validity of 2017 lease — Appeal dismissed.
Delict — Road Accident Fund — Claim for future loss of income — Plaintiff injured in motor vehicle accident — Court determining liability at 100% in favor of plaintiff — Expert evidence presented regarding impact of injuries on plaintiff's earning capacity — Court awarding damages for loss of earnings amounting to R1 488 342.90, with interest and future medical costs to be covered by the defendant.
Company Law — Name registration — Confusingly similar names — Application by Robert Bosch GmbH to compel BOSCH B Consult (Pty) Limited to change its name — First Respondent's name incorporating the Applicant's registered trademarks — Court finding that the name is confusingly similar and misleading to the public — Order granted for the First Respondent to change its name to one not incorporating the Applicant's trademarks.
Municipal Law — Delimitation of municipal wards — Review of delimitation process by Municipal Demarcation Board — Democratic Alliance challenging final delimitation on grounds of procedural unfairness and lack of rationality — Court finding that statutory procedures were followed and that the delimitation was rationally connected to the information before the Board — Application dismissed.
Contract — Specific performance — Auction mandate — Respondents failing to countersign conditions of sale after auction — Court finding that auction mandate was valid and binding despite respondents' claims of lack of consensus — Specific performance granted compelling transfer of property to applicant — Stay of proceedings refused as respondents failed to establish grounds for such relief.
Legal Practice — Admission as attorney — Applicant seeking admission as an attorney after failing to comply with Rule 22.1.5 of the Legal Practice Act regarding involvement in other business entities during Practical Vocational Training — Court emphasizing the necessity of prior written consent from the Legal Practice Council for such involvement — Application denied due to non-compliance with statutory requirements and lack of clarity regarding business interests.
Domestic Violence — Review of Magistrate's ruling — Applicant seeking to review a ruling on the admissibility of documents in Domestic Violence proceedings — Magistrate ruling that certain documents were protected by legal professional privilege — Court finding that the review is permissible under the Superior Courts Act and that the ruling was made in gross irregularity — Order set aside and matter remitted for reconsideration.