South Africa Case Law

Urquhart v Compensation Commissioner (ECJ 072/2005)

Urquhart v Compensation Commissioner (ECJ 072/2005) [2005] ZAECHC 32; [2006] 2 All SA 80 (E); [2006] 1 BLLR 96 (E); 2006 (1) SA 75 (E); (2006) 27 ILJ 96 (E) (9 September 2005)

Court

High Courts - Eastern Cape

Case number

ECJ 072/2005

Judges

Jones, Erasmus

The court held that PTSD from cumulative work stressors can qualify as an accident under the Act, and allowed the compensation appeal on the merits.

• Compensation For Occupational Injuries Act
• Post Traumatic Stress Disorder
• Definition Of Accident
• Occupational Disease
• Multiple Causation
• Judicial Review Of Costs

Trope and Others v South African Reserve Bank (641/91)

Trope and Others v South African Reserve Bank (641/91) [1993] ZASCA 54; 1993 (3) SA 264 (AD); [1993] 2 All SA 278 (A) (31 March 1993)

Court

Supreme Court of Appeal

Case number

641/91

Judges

Joubert, Kumleben, F H Grosskopf, Howie, Krieger

The Supreme Court of Appeal held that the order of the court a quo upholding the exception was not appealable because it was not final in effect. The exception was based on vagueness and embarrassment, requiring the appellants to clarify their pleadings rather than striking at the legal validity of their cause of action. The appellants were granted leave to amend their particulars of claim, and the deficiencies identified could be cured by amendment. The court rejected the argument that the order deprived the appellants of a possible cause of action, emphasizing that the true nature of the ex…

Source excerpt

• Exception Vagueness And Embarrassment
• Pleading Particularity
• Leave To Amend
• Appealability Of Orders
• Duty Of Care
• Multiple Causation