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South Africa Case Law

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Civil Procedure [2023] ZAGPJHC 259

Safi v Gascoigne Randon and Associates (23052/2022)

Safi v Gascoigne Randon and Associates (23052/2022) [2023] ZAGPJHC 259 (6 March 2023)

The High Court dismissed an exception to particulars of claim in a cyber-fraud conveyancing dispute, holding the pleaded case was not vague or lacking material facts.

  • Exception To Particulars Of Claim
  • Negligence
  • Professional Duty Of Care
  • Cybercrime Liability
  • Protection Of Personal Information Act
  • Exception-to-particulars-of-claim
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Delict [2018] ZAGPPHC 541

Khubheka obo K v City of Ekurhuleni Metropolitan Municipality and Another (41153/15)

Khubheka obo K v City of Ekurhuleni Metropolitan Municipality and Another (41153/15) [2018] ZAGPPHC 541 (2 May 2018)

The court found that the plaintiff had discharged the onus of proving negligence and causation through comprehensive expert evidence, which was uncontested by the defendant. The medical and nursing staff at both Daveyton Extension Clinic and Far East Rand Hospital failed to provide the standard of care required, resulting in the minor child suffering severe and permanent brain damage and disabilities. The second defendant conceded liability and agreed to a draft order, which the court made an order of court. The absence of any defence evidence or expert reports from the defendant reinforced t…

  • Medical Negligence
  • Vicarious Liability
  • Expert Evidence
  • Quantum Of Damages
  • Professional Duty Of Care
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.