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South Africa Case Law

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Family And Children [2022] ZAGPJHC 511

ZO v JO (2022/14941)

ZO v JO (2022/14941) [2022] ZAGPJHC 511 (15 June 2022)

Court
South Gauteng High Court, Johannesburg
Case number
2022/14941
Judge
JJC Swanepoel

The court found that the order of 10 May 2022 authorizing the respondent to relocate with the minor children to the Western Cape was final in nature, as it disposed of the crucial issue of the children's residence and did not provide a mechanism for reconsideration absent fresh proceedings. Accordingly, the filing of an application for leave to appeal automatically suspended the operation and execution of the relocation order. The respondent failed to bring an application under section 18(3) to implement the order pending appeal, and even if such an application had been made, the court was no…

Source excerpt

  • Child Relocation
  • Best Interests Of Child
  • Automatic Suspension Of Order
  • Rule 43 Proceedings
  • Section 18 Suspension
  • Parental Contact
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Labour Law [2017] ZALCJHB 478

Kare Sheet Metal Products (Pty) Ltd v Breytenbach (J1420/17)

Kare Sheet Metal Products (Pty) Ltd v Breytenbach (J1420/17) [2017] ZALCJHB 478; (2018) 39 ILJ 603 (LC) (1 November 2017)

Court
Labour Court Johannesburg
Case number
J1420/17
Judge
GN Moshoana

The court found that the respondent was not in willful disobedience of a lawful order, as the order was obtained in his absence and is subject to rescission. The evidence presented by the respondent was uncontested and indicated no deliberate or mala fide non-compliance. The launching of a rescission application suspends the operation of the order, in line with common law principles, and section 18 of the Superior Courts Act does not alter this position. The requirements for a final contempt order were not met, and the application for contempt must fail. The court emphasized that restraint of…

Source excerpt

  • Restraint Of Trade
  • Contempt Of Court
  • Rescission Of Order
  • Willful Disobedience
  • Automatic Suspension Of Order
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.