South Africa Case Law

Herold Gie and Broadhead Incorporated v Sun Chemical South Africa (Pty) Limited (CA05/2023)

Herold Gie and Broadhead Incorporated v Sun Chemical South Africa (Pty) Limited (CA05/2023) [2024] ZALAC 55; [2025] 2 BLLR 131 (LAC); (2025) 46 ILJ 316 (LAC) (11 November 2024)

Court

Labour Appeal Court

Case number

CA05/2023

Judges

Savage ADJP, Mlambo AJA, Davis AJA

The Labour Appeal Court found that the appellant's conduct in seeking interim relief was legally justified, as the alleged harm from the respondent's reduction of medical aid benefits continued after the initial decision. The law of interdicts permits interim relief where ongoing harm is established. The court held that the appellant's actions did not constitute negligence of a sufficiently serious nature to warrant a punitive costs order de bonis propriis. Furthermore, the respondent's claim of prejudice due to special entries in financial statements was not sufficient to justify such an ord…

Source excerpt

• Costs De Bonis Propriis
• Interim Interdict
• Negligence Of Attorneys
• Prejudice In Financial Statements

Phatshoane Henney Attorneys and Another v Trollip, In Re Trollip v Phatshoane Henney Attorneys and Another (3683/2018)

Phatshoane Henney Attorneys and Another v Trollip, In Re Trollip v Phatshoane Henney Attorneys and Another (3683/2018) [2020] ZAFSHC 227 (1 December 2020)

Court

Free State High Court, Bloemfontein

Case number

3683/2018

Judge

Opperman, J

The court dismissed an application to separate a prescription special plea from liability and quantum under Rule 33(4), finding the issues were too closely linked.

• Rule 33 4 Separation Of Issues
• Prescription Special Plea
• Negligence Of Attorneys
• Road Accident Fund Claims
• Rule-33-4-separation-of-issues
• Prescription