Delict — Medical negligence — Causation — Claim for damages for brain injury to child born at hospital — Mother alleging negligent conduct of hospital staff during delivery — High Court dismissing claim due to failure to establish causation — Appeal dismissed by Supreme Court of Appeal, confirming that negligence was not proven to have caused the injury.
Delict — Loss of support — Claim for loss of support following death in motor vehicle accident — Plaintiff alleging negligence on part of insured driver — Court finding insufficient evidence of negligence to establish liability — Application for absolution from the instance granted in favor of the defendant due to lack of prima facie case by the plaintiff.
Costs — Withdrawal of application — Rule 41(1)(c) of Uniform Rules — Respondent withdrawing main application without tendering costs — Applicant seeking costs for withdrawal — Court finding no exceptional circumstances justifying departure from general principle that withdrawing party pays costs — Both applications dismissed with each party bearing its own costs.
Family Law — Maintenance Agreements — Summary Judgment — Dispute regarding alleged agreements for payment of children's university tuition and living expenses — Plaintiff claims Defendant breached agreements, seeking reimbursement of R6 229 375.35 — Defendant denies existence of agreements post-divorce settlement, asserting payments were voluntary and conditional on financial ability — Court finds summary judgment inappropriate due to conflicting accounts and lack of clear evidence supporting Plaintiff's claims — Application for summary judgment dismissed, Defendant granted leave to defend, and Plaintiff ordered to pay Defendant's costs.
Labour Law — Review of arbitration award — Applicant seeking to review dismissal for insubordination — Arbitrator finding dismissal substantively fair based on refusal to sign corrected employment contract — Court finding arbitrator committed gross irregularities by introducing new evidence at arbitration and failing to provide a fair hearing — Award set aside and matter remitted for reconsideration.
Criminal Procedure — Irregularity in proceedings — Magistrate presiding over trial after having prior knowledge of accused's previous convictions — Accused's conviction and sentence set aside due to the irregularity, irrespective of the magistrate's claim of lack of independent recollection — Automatic review initiated due to the nature of the sentence imposed and the magistrate's inexperience.
Contempt of Court — Noncompliance with court order — Applicants seeking to hold respondents in contempt for failing to pay 50% of rental income as per previous court order — Court finding mala fides not established against respondents — Applicants ordered to pay 50% of rental collected as directed by prior order — Review of disciplinary proceedings against Overseers Council — Church acting beyond its authority in imposing sanctions — Decision reviewed and set aside.
Administrative Law — Condonation — Late application for tariff increase — Musina Local Municipality seeking condonation for late submission of tariff application to NERSA — NERSA opposing on grounds of urgency and jurisdiction — Court finding urgency established due to potential budget deficit — Condonation granted for late filing and NERSA directed to consider the application.
Application to compel — Litigation privilege — Applicant seeking to compel disclosure of expert report — Respondent claiming report protected by litigation privilege as it was prepared in contemplation of litigation — Court finding that report was indeed privileged and not subject to disclosure — Application dismissed with costs.