Rescission — Application for rescission of judgment — Road Accident Fund (RAF) sought rescission of order directing payment for loss of earnings — RAF represented at hearing but claimed absence — Concession that RAF was represented negated basis for rescission under Rule 42(1)(a) — Inadequate explanation for delay in application and lack of bona fide defence with prospects of success — Application dismissed with costs.
Judicial Conduct — Complaint against Judge — Appeal against dismissal of complaint regarding alleged misconduct by Judge Van Niekerk — Complainant asserting misrepresentation and bad faith in judgment — Judicial Conduct Committee dismissing appeal on grounds that complaint related solely to merits of judgment — No breach of Judicial Code of Conduct established.
Labour Law — Unfair dismissal — Automatically unfair dismissal claim under section 187(1)(d) of the LRA — Employee dismissed for involving a client in an internal dispute — Court finding that the proximate cause of dismissal was the client's involvement, not the institution of claims against the employer — Legal causation test not met — Dismissal upheld as fair.
Damages — Claim against Minister of Justice and Constitutional Development — Plaintiff, Mr Jubase, alleging wrongful conviction and seeking damages exceeding R20 million — Court finding claims lacking discernible causes of action and procedural non-compliance with Uniform Rules — Action removed from the roll with costs reserved.
Leave to appeal — Application for leave to appeal dismissed — Respondents seeking leave to appeal against judgment setting aside settlement agreement and arbitration award — Court finding no reasonable prospect of success on appeal — Respondents failing to establish proper grounds for leave to appeal as required by section 17(1)(a) of the Superior Courts Act.
Taxation — Income tax — Rental income — Appellants, share block companies, appealing additional assessments by SARS regarding rental income treatment — SARS contending rental income taxable in hands of companies, while appellants arguing it accrued to shareholders — Court finding that rental income constituted gross income in hands of companies as registered owners and parties to lease agreements — Appeal dismissed.
Companies — Director removal — Application for review of CIPC decision — Applicant claiming unlawful removal as director of Giftedjack (Pty) Ltd — Respondents failing to file an Answer — Tribunal finding that removal was not authorized and restoring Applicant's directorship — CIPC required to maintain accurate records and conduct thorough investigations into allegations of unlawful director removal.
Divorce — Redistribution order — Appeal against trial court's redistribution and maintenance orders — Appellant contended that the trial court erred in granting a redistribution order of 35% of his estate and a maintenance order — Court found that the respondent had made significant indirect contributions to the appellant's estate during the marriage — Redistribution order amended to R1,000,000 payable within three months, and maintenance order adjusted to ensure it survives the appellant's death — Appeal upheld in part, with no order as to costs.
Companies — Company name dispute — Applicant sought to have First Respondent's name, "Wonderland Properties," declared confusingly similar to its registered trademark — Applicant claimed common law and statutory rights in the name due to extensive use since 1992 — Tribunal found that the First Respondent's name was likely to cause confusion among the public and did not comply with the provisions of s 11(2) of the Companies Act — Default order granted in favor of the Applicant, directing the First Respondent to change its name.
Execution — Security for costs — Application for security for costs in main application — First respondent ordered to furnish security of R 200 000 within 10 days — Failure to comply resulting in automatic dismissal of main application — Court condoning late delivery of affidavits — First respondent's default conceded, with no undertaking to comply — Court balancing access to justice against the need for security — Order made to protect applicant's interests while allowing first respondent a final opportunity to comply.
Labour Law — Leave to appeal — Application for leave to appeal against dismissal of review application — Applicant contending that refusal to postpone arbitration hearing due to representative's illness constituted an error — Court finding reasonable prospects of success in appeal based on similar precedent — Leave to appeal granted.
Civil Procedure — Amendment of pleadings — Application for leave to amend particulars of claim — Respondent objecting on grounds of excipiability — Court finding that proposed amendments provide sufficient detail regarding the partnership agreement and do not render the claim excipiable — Leave to amend granted with conditions to correct typographical errors.