Hudson and Another v SAA SOC Ltd (JA 84/2014)
Hudson and Another v SAA SOC Ltd (JA 84/2014) [2015] ZALAC 96 (24 June 2015)
The appeal was dismissed because the dispute of facts regarding the authority of the Acting CEO and the validity of the appointments could not be resolved on the papers in application proceedings. The respondent raised genuine and weighty factual disputes, substantiated by affidavits, which the appellants failed to address through oral evidence. The principles of Plascon-Evans dictate that, in the absence of a referral to oral evidence, the respondent's version prevails. The appellants' reliance on the Turquand rule was misplaced as the necessary internal formalities and authority were lackin…
Source excerpt
- Authority To Contract
- Fixed Term Employment
- Turquand Rule
- Moratorium On Appointments
- Motion Proceedings
- Dispute Of Facts