J.D.K v J.K (584/2022) [2024] ZAECQBHC 58 (10 October 2024)
Court
Eastern Cape High Court, Gqeberha
Case number
584/2022
Judge
NJ Mullins
The High Court varied a Rule 43 maintenance order for a major dependent child after changed circumstances, reducing monthly upkeep to R11,000 and deleting tertiary education costs.
Brown and Another v S (CC 18/2017) [2018] ZAECPEHC 76; 2019 (1) SACR 691 (ECP) (14 December 2018)
Court
Eastern Cape High Court, Port Elizabeth
Case number
CC 18/2017
Judge
M Makaula
The court dismissed an application to reduce bail to pay legal fees and also refused a fresh bail application by a co-accused who had breached bail conditions.
G.C (Nee O) v D.S.C and Another (84382/2017) [2018] ZAGPPHC 946 (11 December 2018)
Court
North Gauteng High Court, Pretoria
Case number
84382/2017
Judge
Davis
High Court review of a maintenance-court refusal to grant absolution from the instance. The court found no basis for variation and substituted an order granting absolution with costs.
Oribel Properties 13 (Pty) Ltd and Another v Blue Dot Properties 271 (Pty) Ltd and Others (454/2009) [2010] ZASCA 78; [2010] 4 All SA 282 (SCA) (28 May 2010)
Court
Supreme Court of Appeal
Case number
454/2009
Judges
Cloete, Ponnan, Malan, Bosielo, Leach
The Supreme Court of Appeal held that the developer's right of extension over the plant area was reserved specifically for the benefit of section 401, as reflected in the registered plans and documents. The developer was not entitled to transfer or cede this right to any person other than the owner of section 401, nor to incorporate the plant area into another section. The court found that financial considerations alone did not constitute 'changed circumstances' justifying deviation from the terms of the reservation. The developer's attempt to transfer the right to the seventh respondent was…
J v J (17705/05) [2009] ZAGPPHC 303 (11 August 2009)
Court
North Gauteng High Court, Pretoria
Case number
17705/05
Judge
Hartzenberg R
The court found changed circumstances and suspended a Rule 43 maintenance order pending divorce, after the applicant lost income and underwent neck surgery.
Dolphin Whisper Trading 10 (Pty) Ltd v Registrar of Deeds and Another (20645/08) [2009] ZAWCHC 31 (23 March 2009)
Court
Western Cape High Court, Cape Town
Case number
20645/08
Judge
Zondi
The court held that the Registrar of Deeds did not act unlawfully in refusing to register the applicant's sectional plan of extension. The applicant failed to provide evidence of 'changed circumstances' that would make strict compliance with the original participation quota schedule impracticable, as required by section 25(13) of the Sectional Titles Act. The applicant's reliance on technicalities and market changes was unsupported by factual evidence. The court confirmed that the determination of 'changed circumstances' is a judicial function and not within the Registrar's purview. The appli…