South Africa Case Law

Trakman N.O. and Others v Wasilewsky and Others (2022-9016)

Trakman N.O. and Others v Wasilewsky and Others (2022-9016) [2023] ZAGPJHC 181 (28 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022-9016

Judge

N Manoim

The court found that the defendant, Wasilewsky, had shown good cause for the upliftment of the bar. Although his attorney failed to explain the delay prior to the notice of bar, the period was not excessive and the technical issue with CaseLines was beyond her control. The defendant served the defence pleadings on the plaintiffs' attorney within the deadline, and the delay in filing was due to circumstances outside his control. The defendant raised bona fide defences, including prescription, non-joinder, and contesting the liquidator's appointment, all of which present triable issues. The cou…

Source excerpt

• Upliftment Of Bar
• Good Cause Standard
• Fiduciary Duties
• Prescription
• Liquidation Proceedings

P v P and Another (10225/2013)

P v P and Another (10225/2013) [2017] ZAGPJHC 271 (19 September 2017)

Court

South Gauteng High Court, Johannesburg

Case number

10225/2013

Judge

Willis

The High Court partly varied a warrant of execution arising from divorce settlement arrears, disallowing some claimed amounts but leaving the warrant otherwise in force.

• Maintenance Obligations
• Interpretation Of Settlement Agreement
• Variation Of Warrant Of Execution
• Good Cause Standard
• Child Medical Expenses
• Extraordinary Educational Expenses

Edcon (Pty) Limited v Commission for Conciliation, Mediation and Arbitration and Others; In re: Thulare and Others v Edcon (Pty) Limited (JR698/2013; J271/2015)

Edcon (Pty) Limited v Commission for Conciliation, Mediation and Arbitration and Others; In re: Thulare and Others v Edcon (Pty) Limited (JR698/2013; J271/2015) [2015] ZALCJHB 392; (2016) 37 ILJ 434 (LC) (13 November 2015)

Court

Labour Court Johannesburg

Case number

JR698/2013; J271/2015

Judge

Bank

Edcon failed to provide a reasonable explanation for its prolonged default in prosecuting the review application, offering only a thin account of staff departures and no justification for the lengthy delay. Its prospects of success on review were found to be weak, as the Commissioner had properly analysed the evidence and there was no credible challenge to his findings regarding the absence of a clear workplace rule or dishonesty. The Practice Manual's provisions regarding deemed archiving are enforceable and require good cause for revival, which Edcon did not establish. The interests of just…

Source excerpt

• Review Of Arbitration Award
• Practice Manual Enforcement
• Good Cause Standard
• Section 158 Application
• Dismissal For Want Of Prosecution