Labour Law — Disciplinary proceedings — Jurisdiction — Applicant seeking to interdict disciplinary hearing and set aside ruling of chairperson — Court finding lack of jurisdiction as applicant failed to plead specific section of Labour Relations Act conferring jurisdiction — Application struck off the roll for lack of jurisdiction and urgency deemed self-created.
Leave to appeal — Application for leave to appeal — Applicant contending that the court erred in upholding a special plea of prescription — Applicant's cause of action arose in 2014, with knowledge of the alleged wrongful conduct by 2015 and formal notification of the liable party by 2018 — Court finding no reasonable prospect of success on appeal and no compelling reason to hear the appeal — Application for leave to appeal refused, with costs awarded against the applicant.
Rescission — Taxation of bill of costs — Applicant seeking rescission of allocatur after unopposed taxation — Applicant's attorneys failing to oppose due to high workload — Court finding no reasonable explanation for default and no bona fide defence presented — Application for rescission dismissed.
Close Corporations — Locus standi — Applicants seeking repayment of funds from a close corporation — Court finding that applicants lack standing to claim on behalf of the corporation as they are not acting in their capacity as members — Application dismissed with costs.
Suretyship — Liability — Plaintiff seeking recovery from defendant who signed surety for principal debtor's loan — Principal debtor's winding up and subsequent sale of property — Defendant failing to establish any defence against the claim — Court finding plaintiff's claim proven and ordering defendant to pay the outstanding amount with interest and costs.
Interim Interdict — Requirements for interim interdict — Applicant seeking interim interdicts against Second and Third Respondents pending arbitration — Court finding that Applicant failed to establish reasonable apprehension of harm and balance of convenience favoured First Respondent — Interdict sought cannot be granted.
Insolvency Law — Sequestration — Requirements for sequestration of estate — Applicant seeking sequestration of joint estate of First and Second Respondents — Court finding that Applicant failed to establish a liquidated claim against First Respondent, nor any act of insolvency — Application dismissed with costs.
Labour Law — Review of arbitration award — Urgent application to stay enforcement of writ of execution pending review — Applicant failing to demonstrate urgency and compliance with court directives — Application struck off the roll for lack of urgency with costs — Self-created urgency not sufficient to warrant relief.
Civil Procedure — Rescission of judgment — Applicant seeking rescission of default judgment granted in favour of respondent — Allegations of lack of jurisdiction, defective summons, and improper service — Court finding that summons was properly served and jurisdiction was established — Application dismissed with costs on an attorney and client scale.
Leave to appeal — Condonation for late filing — Applicant seeking leave to appeal against dismissal of condonation application for late review — Court finding no reasonable prospects of success on appeal — Applicant's claims regarding judicial discretion and factual errors not persuasive — Delay of almost ten months deemed unjustifiable — Application for leave to appeal dismissed.
Restitution of Land Rights — Claims — Interpretation of claims under the Restitution of Land Rights Act 22 of 1994 — Plaintiff claiming restitution of land in Macassar — Defendants asserting counterclaims for overlapping land — Court determining that the Defendants' counterclaims are valid claims as defined in the Act — Issues of scope and interpretation of claims to be resolved in future proceedings.
Administrative Law — Reconsideration of debarment — Applicant seeking reconsideration of debarment under section 14(1) of the FAIS Act — Debarment based on alleged lack of honesty and integrity following a disciplinary hearing — Applicant not notified of debarment proceedings or given opportunity to respond — Tribunal finding procedural unfairness and setting aside debarment without remittal.