Labour Law — Review of arbitration award — Applicant challenging fairness of dismissal for misconduct — Dismissal upheld by Arbitrator as substantively fair — Review application filed late but condoned — Court finding no merit in Applicant's claims of Arbitrator's failure to consider submissions or evidence — Conduct deemed unacceptable in workplace context — Dismissal found to be a reasonable response to misconduct.
Civil Procedure — Rescission of judgment — Application for rescission of default judgment under Uniform Rule 42(1)(a) — Appellant failing to establish that judgment was erroneously granted or that it had a bona fide defence — High Court's dismissal of application upheld — Importance of finality in judgments emphasized.
Civil Procedure — Default judgment — Application for default judgment following striking out of defendant's defence — Plaintiff amending particulars of claim after striking out — Court finding that striking out of defence does not preclude defendant from responding to amended claim — Defendant entitled to plead to amended particulars of claim as per Rule 28(8) of the Uniform Rules of Court — Application for default judgment dismissed.
Contempt of Court — Costs — Applicant, a sentenced prisoner, sought costs for a contempt application after the respondents failed to comply with a court order regarding parole consideration — Court finding that the Minister breached the order by not providing reasons within the stipulated time — Costs awarded against the Minister on a party and party scale, with no punitive costs justified.
Interdict — Condonation — Late filing of answering affidavit — Respondents initially occupying property without requisite occupation certificates — Application for specific performance rendered moot upon obtaining certificates — Court granting condonation for late filing due to lack of material prejudice to Applicant — Costs awarded to Applicant on attorney and client scale due to Respondents' unreasonable conduct and delay.
Leave to appeal — Application for leave to appeal against judgment granting money judgment and declaring immovable property specially executable — Respondents contending that the court erred in failing to conduct a proper enquiry into the justness of execution against their primary residence — Court finding that respondents did not provide evidence of their financial circumstances or propose alternatives to execution — Test for leave to appeal requiring demonstration of reasonable prospects of success — Court dismissing application for leave to appeal as respondents failed to meet the onus of proof and did not raise valid grounds for appeal.
Traditional Leadership — Appointment — Dispute regarding the appointment of Kgosana within the Baphalane Ba Mantserre community — Applicants seeking interdictory relief against the purported Kgosana and Kgosi for unlawful appointment and interference — Court finding that the applicants failed to establish a clear right or unlawful interference, and that the matter could not be resolved on the papers — Application dismissed.
Company Law — Name registration — Application for determination of company name compliance — Bridgestone Corporation contending that BS TYRES (PTY) LTD is confusingly similar to its BRIDGESTONE trade marks — Tribunal finding no substantial similarity in name, dismissing application for default order — No evidence of misleading association established.
Civil Procedure — Amendment of pleadings — Application for leave to amend particulars of claim under rule 28(4) opposed by respondent — Court assessing good faith of application — Respondent alleging mala fides and potential prejudice — Court finding application made in good faith and any perceived prejudice curable by costs — Amendment sought deemed excipiable — Application for amendment refused.
Pension Funds — Retention of pension benefit — Applicant seeking review of decision to withhold pension benefit pending civil proceedings — Fund required to establish prima facie case and reasonable chance of success — Tribunal dismissing review application — Court finding that Fund acted within its powers under Pension Funds Act — Just and equitable relief granted, directing Fund to reassess retention of benefit based on updated information.
Civil Procedure — Discovery — Application to compel better discovery — Plaintiffs seeking documents from second defendant regarding procurement compliance — Court finding documents irrelevant to issues in main action — Plaintiffs lacking standing to challenge cession agreement to which they were not parties — Application to compel discovery dismissed with costs.
Community Schemes — Homeowners’ Association — Appeal against adjudicator’s order — Appellant seeking removal of synthetic grass installed by first respondent — Adjudicator ruling that rules were silent on the matter — Court finding that the rules must be interpreted contextually and purposively — No clear basis for the removal of the synthetic grass established — Appeal dismissed.