Ribbon Dancer Investments CC v Moosa (21019/2022) [2023] ZAWCHC 75 (17 April 2023)
Court
Western Cape High Court, Cape Town
Case number
21019/2022
Judge
Francis, J
The High Court ordered an attorney to pay wasted costs de bonis propriis after a meritless joinder bid and adjournment, and imposed punitive costs on the respondent.
Charlene Goodman (Pty) Limited and Another v The Acting Sheriff for the District of East London and Others (3009/2021) [2022] ZAECMKHC 66 (27 September 2022)
Court
Eastern Cape High Court, Makhanda
Case number
3009/2021
Judge
Smith
The High Court set aside a writ of execution and notice of attachment for lack of authority, dismissed an intervention bid, and awarded attorney-and-client costs.
Makokotlela v Khumalo and Others (100047/2015) [2020] ZAGPPHC 465 (28 February 2020)
Court
North Gauteng High Court, Pretoria
Case number
100047/2015
Judge
G.T. Avvakoumides
The High Court dismissed an application to rescind a default judgment, finding the applicant knew of the proceedings, gave no adequate delay explanation, and showed no bona fide defence.
Baloi and Another v Maddox Adams International South Africa (Pty) Ltd (J203/16) [2018] ZALCJHB 264 (15 August 2018)
Court
Labour Court Johannesburg
Case number
J203/16
Judge
Nkutha-Nkontwana
The Labour Court held that the applicants’ enforcement claim had prescribed and dismissed their bid to treat the respondent as liable under section 197A of the LRA.
Mcdonald v TRSS 24 Hour Reaction (Pty) Ltd and Another (J 1569/18) [2018] ZALCJHB 440 (22 February 2018)
Court
Labour Court Johannesburg
Case number
J 1569/18
Judge
Prinsloo
The Labour Court refused leave to appeal after granting condonation for a six-day late answering affidavit, finding no reasonable prospects of a different outcome.
Peter Taylor & Associates v Bell Estates (Pty) Ltd and Another (558/12) [2013] ZASCA 94; 2014 (2) SA 312 (SCA) (4 July 2013)
Court
Supreme Court of Appeal
Case number
558/12
Judges
Mpati, Tshiqi, Pillay, Plasket, Saldulker
The Supreme Court of Appeal held that the service of a Rule 10(3) notice of joinder does not constitute a process whereby the creditor claims payment of the debt as envisaged by section 15(1) of the Prescription Act. The joinder application is a procedural mechanism that enables the creditor to institute a claim against the joined party but does not itself enforce any right to payment. Judgment in the joinder application does not dispose of any element of the claim for payment; it merely allows the creditor to proceed with a substantive claim in subsequent pleadings. The court found that the…
Seatlolo and Other v Entertainment Logistics Services (A Division of Gallo Africa Ltd) (JS 1971/10) [2011] ZALCJHB 88 (21 October 2011)
Court
Labour Court Johannesburg
Case number
JS 1971/10
Judge
Bhoola
The court found that the applicants failed to meet the threshold for interference with the exercise of judicial discretion by the court a quo. The explanation for the delay in referring the dispute was inadequate and not compelling, as the applicants largely extricated their union from responsibility and failed to satisfactorily explain substantial periods of delay. The prospects of success, even if prima facie present, were not overwhelming enough to compensate for the egregious delay. The court a quo did not misapply the legal test for condonation, as it considered and weighed all relevant…