Delict — Road Accident Fund — Damages — Plaintiff, a pedestrian, injured in a motor vehicle accident, claiming general damages, loss of earnings, and future medical expenses from the Road Accident Fund — Liability settled at 80/20 in plaintiff's favor — Court awarding total damages of R1 142 321.48 after considering expert evidence on loss of earnings and general damages, with a focus on the need for future medical treatment.
Labour Law — Dismissal — Review of arbitration award — Applicant dismissed for insubordination and breach of university policy — CCMA finding dismissal substantively and procedurally fair — Applicant's claims of procedural unfairness and denial of legal representation rejected — Court upholding CCMA's decision as reasonable and justified.
Companies — Winding-up — Provisional winding-up application — Applicant seeking winding-up of Respondent for inability to pay debts — Respondent acknowledging indebtedness but disputing part of the debt due to alleged defective goods — Court finding no bona fide dispute raised and Respondent commercially insolvent — Provisional winding-up order granted.
Eviction — Unlawful occupation — Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 — Applicants seeking eviction of respondents from premises owned by second applicant — Respondents occupying premises under lease agreement since 2014, failing to pay rent — Court finding that lease was lawfully cancelled in 2025 due to non-payment — Eviction order granted as just and equitable despite respondents' claims of hardship.
Delict — Quantum of damages — Future medical and hospital expenses — Plaintiff claiming damages for future loss of earnings due to serious injuries sustained in a motor vehicle accident — Defendant conceding 80% of merits — Court finding that the addendum report of the Plaintiff's expert lacked proper reasoning and factual foundation, leading to the rejection of the report — Plaintiff ordered to file a fresh actuary’s report and both parties to submit notes on contingencies.
Administrative Law — Municipal Council Decisions — Urgent application to rescind decision of Umdoni Municipal Council appointing acting municipal manager — Applicants arguing unlawful reinstatement of fourth respondent — Respondents opposing on grounds of lack of urgency and abuse of process — Court finding that the founding affidavit was inadmissible due to the commissioning attorney's interest in the matter — Application struck off the roll with costs awarded to the respondents.
Civil Procedure — Upliftment of bar — Application for upliftment of bar under Rule 27 of Uniform Rules — Applicant failing to provide reasonable explanation for delay in filing plea — Court finding no bona fide defence established — Application dismissed with costs.
Labour Law — Review of disciplinary hearing — Application for review of internal disciplinary finding under section 145 of the Labour Relations Act — Court finding it lacks jurisdiction as the decision is not an arbitration award and no dispute was referred to conciliation or arbitration — Reliance on section 158(1)(h) deemed impermissible and misplaced — Application dismissed for lack of jurisdiction with no order as to costs.
Condonation — Application for condonation for late filing of leave to appeal — Applicant submitting online application but failing to file hard copy on time — Court finding inadequate explanation for delay and lack of prospects of success in underlying appeal — Application for condonation dismissed with costs awarded against the applicant.
Labour Law — Contempt of arbitration award — Applicant seeking leave to appeal dismissal of contempt application — Court finding that applicant was reinstated under a settlement agreement, rendering contempt application devoid of merit — Application for leave to appeal dismissed with costs on attorney and client scale.
Review — Promotion of Administrative Justice Act 3 of 2000 — Administrative decisions regarding public procurement — Applicant sought to review and set aside the Municipality's award of a tender for VAT recovery services to the third respondent and a month-to-month agreement for the same services — Both decisions found to be constitutionally invalid due to procedural irregularities — Court ordered the repayment of a portion of profits received by the third respondent and awarded costs to the applicant.
Trusts — Trustee conduct — Loan account — Second respondent claiming repayment from the Bellstedt Family Trust without valid authority — Court finding no contemporaneous evidence supporting the existence of a loan account — Resolution passed in conflicted circumstances and set aside — Condonation for late filing of affidavit granted.