Spoliation — Electricity supply — Applicant seeking urgent spoliation relief after disconnection of electricity by respondent — Respondent arguing disconnection lawful under credit control measures — Court finding applicant had peaceful possession of electricity supply and disconnection without lawful process constituted spoliation — Order granted for restoration of electricity supply and interdict against further disconnections pending main application.
Indemnity and Suretyship — Leave to appeal — Application for leave to appeal against judgment ordering payment under indemnity agreement — First respondent contending that payments made did not trigger indemnity — No new issues of fact or law raised in appeal — Court finding that the indemnity's language does not limit liability to payments made under a demand — Application for leave to appeal dismissed as lacking reasonable prospects of success.
Arbitration Review — Section 33(1)(b) of the Arbitration Act 42 of 1965 — Gross irregularity — Failure to determine issue alleged. The applicant sought to review an appellate arbitration award on the grounds that the Appeal Tribunal failed to address a specific ground of appeal regarding the treatment of Annexure C6, which was integral to claims of unlawful competition and misuse of confidential information. The application for review was brought outside the statutory six-week period, prompting a request for condonation. Held, condonation was granted due to a satisfactory explanation for the delay, which included bona fide settlement negotiations. However, the court found no reviewable irregularity under s 33(1)(b) as the applicant's complaint merely reflected dissatisfaction with the arbitrator's reasoning rather than a failure to exercise adjudicative power. The Appeal Tribunal had addressed the grounds presented to it, and the application for review was dismissed with costs.
Land and Property Law — Lease Agreement — Eviction — Applicants seeking eviction of respondents from commercial premises based on written lease — Respondents claiming oral cancellation and replacement lease — Court finding that written lease remained in force as alleged oral agreement did not comply with written form requirement — Eviction order granted with costs.
Interim Relief — Urgent application for interdict — Applicants seeking to restrain First Respondent from interfering with premises after cancellation of lease — First Respondent's failure to pay rent leading to cancellation — Court finding urgency established due to imminent community gathering and potential closure of store — Interim interdict granted to prevent interference pending final determination.
Arbitration — Appointment of arbitrator — Application for appointment of arbitrator dismissed as abuse of process — Applicant having elected to pursue liquidation proceedings based on the same indebtedness — Court finding that the invocation of arbitration clause after electing for liquidation constitutes waiver of right to arbitrate — Costs awarded against the applicant on attorney and client scale.
Delict — Road Accident Fund — Negligence — Plaintiff claiming damages for injuries sustained in a motor vehicle collision — Court finding material discrepancies in evidence presented by the plaintiff and the Accident Report — Plaintiff failing to prove negligence of the unidentified insured driver on balance of probabilities — Application for default judgment refused.
Costs — Security for costs — Application for security for costs against close corporation under s 8 of the Close Corporations Act — Defendants alleging plaintiff's inability to pay costs — Court determining that security may be ordered if there is reason to believe the corporation will be unable to pay — Plaintiff required to furnish security for defendants' future costs, with specific conditions set for compliance.
Business Rescue — Application for business rescue — Competing applications for business rescue and liquidation — Court determining that the matters were consolidated and dismissing the business rescue applications — The court finding that the business rescue plan lacked credibility given the company's significant debts and multiple creditors — The application for business rescue by the employees and Mr. Subramoney dismissed, with costs awarded against Mr. Subramoney personally.
Delict — Road Accident Fund — General damages — Plaintiff claiming damages for injuries sustained by child in motor vehicle accident — Defendant admitting negligence — Court determining quantum for general damages based on nature of injuries and impact on child's life — Award of R850,000 for general damages granted.
Civil Procedure — Amendment of pleadings — Application for amendment of particulars of claim under Rule 28(4) — Respondent opposing amendment on grounds of introducing new causes of action and lack of authority of deponent — Court finding that authority to depose to affidavit does not require specific authorization — Point in limine dismissed and amendment allowed.
Common Law — Rescission of Judgment — Application for rescission of court order regarding release of vehicle — Bravopro contending it had released vehicle to service provider and discovered new documents post-judgment — Court finding that Bravopro failed to prove it was not in possession of the vehicle at the time of the original judgment — Application for rescission dismissed as Bravopro did not meet stringent requirements for rescission of a judgment given on merits.