Timac Agro South Africa (Pty) Ltd v Nel (3379/2020) [2024] ZAFSHC 222 (19 July 2024)
Court
Free State High Court, Bloemfontein
Case number
3379/2020
Judge
Mhlambi
The High Court granted leave to appeal after finding arguable prospects that the trial should have been adjourned to allow National Credit Act compliance.
Thuthukani Land Claim Committee Claimants (LCC01/2011) [2024] ZALCC 8 (28 February 2024)
Court
Land Claims Court
Case number
LCC01/2011
Judge
Ncube
The Land Claims Court refused to order claimants’ attorneys to pay wasted costs after adjournments, finding no gross negligence, dishonesty, or exceptional circumstances.
Gani v Singh (AR348/16) [2017] ZAKZPHC 39 (3 March 2017)
Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
AR348/16
Judges
Lopes, Mnguni
Appeal against a magistrate’s costs order after an adjournment. The High Court held counsel’s fees should have been included on the attorney-and-client scale.
Madida obo S.S.M v MEC for Health for the Province of KwaZulu-Natal (14275/2014) [2016] ZAKZPHC 27 (14 March 2016)
Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
14275/2014
Judge
D Pillay
The court held the provincial health department liable for negligent labour management causing severe birth injury, and awarded costs to the plaintiff.
Mngeni v S (CA&R2/13) [2015] ZAECBHC 24 (15 May 2015)
Court
Eastern Cape High Court, Bhisho
Case number
CA&R2/13
Judges
I.T. Stretch, C.J. Difford
The High Court upheld a rape appeal, finding material misdirection in refusing an adjournment for key witnesses and in weighing major inconsistencies in the evidence.
Modikwa Platinum Mine (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (LC) [2012] ZALCJHB 5; [2012] 6 BLLR 578 (LC); (2012) 33 ILJ 1733 (LC) (19 January 2012)
Court
Labour Court Johannesburg
Case number
JR 1207/06
Judge
Seedat AJ
The commissioner committed a gross irregularity by refusing to accept the applicant's valid objection to the con-arb process, as section 191(5A)(c) of the LRA makes it clear that arbitration may only proceed immediately if no party objects. The commissioner further misdirected himself by refusing a short adjournment to allow the applicant to bring witnesses, a decision that was unreasonable and not justified by any prejudice to the other party. The refusal to adjourn did not meet the proper test for adjournment, as no irreparable harm would have resulted. Accordingly, the arbitration award wa…