Mushwana and Another v Bondev Midrand (Pty) Ltd and Others (1415/14) [2016] ZAGPPHC 43 (3 February 2016)
Court
North Gauteng High Court, Pretoria
Case number
1415/14
Judge
Mabuse
The High Court rescinded a default judgment after finding proper service at domicilium, but a reasonable default explanation and a prima facie defence were shown.
Berg en Dal Estate (Incorporating Mountaindale Estate) Homeowners Association v Van Huyssteen NO and Others (5418/05,787/2006) [2009] ZAWCHC 12 (20 February 2009)
Court
Western Cape High Court, Cape Town
Case number
5418/05,787/2006
Judge
Eloff AJ
The court held that the arbitrator exceeded his powers by deciding a question not arising from the pleadings, namely whether the applicant's constitution empowered it to make application for revision of the site development plan. The arbitrator's determination did not fall within the scope of the disputes defined in the arbitration pleadings. The court found that the issue was not arbitrable as it did not relate to the applicant's status in the sense contemplated by section 2(b) of the Arbitration Act, but rather to the interpretation of the constitution. The application for review under case…
Antoy Investments (Pty) Ltd v Rand Water and Others (159/2007) [2008] ZASCA 10 (20 March 2008)
Court
Supreme Court of Appeal
Case number
159/2007
Judges
Scott, Mthiyane, Combrinck
The Supreme Court of Appeal held that a review success should generally be remitted to the decision-maker, and varied the costs order in the appellant’s favour.