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South Africa decisions
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Cawood obo ALP v Road Accident Fund (80725/2018) [2024] ZAGPPHC 380 (19 April 2024)
The High Court quantified damages for a minor severely injured in a motor vehicle accident, awarding future loss of earnings, general damages, a trust, and an RAF undertaking.
R.J.V.R and Another (068491/2023), Ex parte [2023] ZAGPPHC 2057 (30 November 2023)
The court found that the intervening party, as the biological son of the patient and deceased, has a direct and substantial interest in the proceedings for the appointment of a curator. Denial of access to the case papers and exclusion from the application would result in substantial injustice and violate the audi alteram partem principle. The court exercised its inherent jurisdiction to allow intervention, holding that all interested family members must be afforded an opportunity to be heard, especially where their rights to inheritance and access to their mother are at stake. The procedural…
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Law Society of Cape of Good Hope v Dippenaar (715/04) [2006] ZAWCHC 51 (31 October 2006)
The court found, on a preponderance of probabilities, that the respondent had engaged in serious professional misconduct by failing to keep proper accounting records and misappropriating trust monies. The respondent's conduct was established through forensic audits and corroborating affidavits, and she failed to provide any substantive opposition or explanation. The court held that such conduct rendered her unfit to continue practising as an attorney, notary, and conveyancer. The usual penalty for misappropriation of trust funds is striking off, given the fundamental importance of trust money…
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