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Moukangwe v Minister of Labour and Others (2025/028534) [2025] ZAGPJHC 771 (6 August 2025)
The High Court granted leave to sue Labour officials for damages, treating the filed motion papers as sufficient notice and finding good cause for condonation.
Dorfling N.O and Another v Engelbrecht N.O and Others (004697/2024) [2024] ZAGPPHC 1135 (7 November 2024)
The High Court dismissed trustees’ bid to obtain leave to sue on behalf of a company in liquidation, holding that the liquidators’ refusal was not mala fide or unreasonable.
Born Free Investments 247 (Pty) Ltd v Kriel NO (1183/17) [2019] ZASCA 21 (26 March 2019)
The Supreme Court of Appeal held that the final order confirmed the rule nisi in paragraph 6.2 of the provisional order, thereby imposing a moratorium on legal proceedings against the entities under curatorship unless leave of court is obtained. The court rejected the applicant's argument that the final order did not confirm the moratorium provision, finding that the language and context of the order supported confirmation. The court further held that failure to obtain leave of court prior to instituting action does not render the action a nullity; instead, the appropriate remedy is to stay t…
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