Medical Negligence — Condonation Application — Applicant seeking condonation for late notice of intention to institute legal proceedings against the MEC for Health — Allegations of negligence during childbirth resulting in permanent injury to minor — Court considering the discovery doctrine and the concept of 'good cause' — Condonation granted as the Applicant demonstrated reasonable explanation for delay and absence of unreasonable prejudice to the Respondent.
Interdicts — Neighbour disputes — Applicant seeking final interdicts against respondents regarding property issues — Respondents raising material disputes of fact in answering affidavit — Court finding that factual disputes necessitate referral to trial rather than resolution through motion proceedings — Application referred to trial for full ventilation of evidence.
Spoliation — Mandament van spolie — Applicant seeking restoration of possession of immovable property — Respondents denying dispossession — Court finding that Applicant was in peaceful possession and was unlawfully dispossessed — Respondents' claims of jurisdiction and urgency dismissed — Spoliation established despite ongoing disputes regarding lawful occupation.
Delict — Road Accident Fund — Future loss of earnings — Plaintiff injured in motor vehicle accident while a passenger — Defendant conceding liability and settling past loss of earnings — Dispute remaining on future loss of earnings — Court finding plaintiff suffered a meaningful loss of earning capacity due to injuries sustained — Compensation awarded for future loss of earnings in the amount of R 548 920.40.
Insolvency Law — Provisional winding-up — Application for provisional winding-up of Matrox Investments (Pty) Ltd by Bank of China Limited on grounds of commercial insolvency — Matrox opposing on basis of alleged bona fide defenses and pending actions — Court finding that Matrox provided financial assistance to Educor in violation of s 45 of the Companies Act 71 of 2008, thus justifying provisional winding-up order.
Community Schemes — Enforcement of adjudication order — Application for declaration of commercial properties as specially executable — Respondent contesting enforceability of adjudication order from Community Schemes Ombud Services — Court finding that the adjudication order is enforceable as a court order under section 56(2) of the Community Schemes Ombud Services Act 9 of 2011 — Respondent's application for stay of execution pending review dismissed — Properties declared specially executable.
Company Law — Name Change — Application for change of company name — Applicant alleging that First Respondent's name is confusingly similar to its registered trademark — Tribunal finding that First Respondent's name contravenes sections 11(2)(b) and 11(2)(c)(i) of the Companies Act 71 of 2008 — Order granted for First Respondent to change its name and address to avoid public confusion.
Insolvency Law — Scheme of arrangement — Survival post-discharge of provisional liquidation — Court determining whether a scheme of arrangement concluded by provisional liquidators survives the discharge of the provisional order — Court finding that the scheme does not survive and management of the company reverts to its board of directors — Receivers' authority to run the company ceases upon discharge of the provisional order.
Competition Law — Collusive tendering — Allegation of collusive tendering against Fraser Alexander (Pty) Ltd and Paragon Tailings (Pty) Ltd — Competition Commission alleging contravention of section 4(1)(b)(iii) of the Competition Act — Evidence presented of improper sharing of tender information by former employees — Tribunal dismissing the Commission's complaint referral, finding insufficient evidence of collusion between the respondents.
Spoliation — Mandament van spolie — Applicants seeking restoration of possession of property following unlawful replacement of locks by respondents — Court determining that applicants had established peaceful and undisturbed possession immediately before dispossession — Respondents' actions deemed unlawful self-help — Spoliation relief granted, with possession restored and costs awarded to applicants.
Trusts — Appointment of trustees — Applicants seeking urgent interdict to prevent Master from authorising new trustees — Court dismissing application for interdict — Applicants failing to establish urgency and grounds for relief — Costs awarded against applicants.
Execution — Warrant of execution — Applicant seeking to set aside warrants of execution issued against her property — Court considering validity of warrants based on alleged fraud and authority — Applicant's claims of fraud not substantiated — Warrant of execution upheld as valid and enforceable.