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South Africa Case Law

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Civil Procedure [2024] ZAGPJHC 1046

Baphalaborwa 72 Construction and Civil Engineering CC v T and L Civil Electrical Contractors CC (2018/45610)

Baphalaborwa 72 Construction and Civil Engineering CC v T and L Civil Electrical Contractors CC (2018/45610) [2024] ZAGPJHC 1046 (17 October 2024)

The High Court dismissed Baphalaborwa CC’s leave to appeal against enforcement of an adjudicator’s determination and awarded attorney-client costs.

  • Enforcement Of Adjudication Awards
  • Arbitration Clauses
  • Interim Payments In Construction
  • Punitive Costs Orders
  • Leave-to-appeal
  • Construction-adjudication
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Civil Procedure [2024] ZAMPMHC 26

Administrator of Moroka and Others v Kubheka and Another (A13/2020; A14/2020)

Administrator of Moroka and Others v Kubheka and Another (A13/2020; A14/2020) [2024] ZAMPMHC 26 (23 April 2024)

The High Court set aside a punitive costs and fee-forfeiture order made without hearing the affected legal practitioners, finding procedural unfairness.

  • Punitive Costs Orders
  • Right To Be Heard
  • Natural Justice
  • Disaster Management Regulations
  • Punitive-costs-orders
  • Right-to-be-heard
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Land And Property [2021] ZALCC 34

BJ Smit Trust and 274 Others v Mutsei and Others (LCC 171/2008C; LCC 171/2008D)

BJ Smit Trust and 274 Others v Mutsei and Others (LCC 171/2008C; LCC 171/2008D) [2021] ZALCC 34 (12 May 2021)

Costs ruling in a land claims matter where the State’s delay and failure to comply with directives justified punitive costs orders.

  • Restitution Of Land Rights Act
  • Punitive Costs Orders
  • Court Directives Non Compliance
  • Practice Direction 8
  • Attorney And Client Costs
  • State Liability For Costs
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Civil Procedure [2018] ZAECGHC 50

Silinga and Others v Nelson Mandela Metropolitan Municipality (CA266/2017)

Silinga and Others v Nelson Mandela Metropolitan Municipality (CA266/2017) [2018] ZAECGHC 50 (26 June 2018)

The High Court set aside a magistrate’s personal punitive costs order against attorneys, holding that the firm was not properly heard and the order was unjustified.

  • Costs De Bonis Propriis
  • Postponement Of Trial
  • Judicial Discretion In Costs
  • Punitive Costs Orders
  • Costs-de-bonis-propriis
  • Postponement-of-trial
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Civil Procedure [2018] ZAGPPHC 409

Nthabiseng and Others v Road Accident Fund (3492/2016)

Nthabiseng and Others v Road Accident Fund (3492/2016) [2018] ZAGPPHC 409 (19 June 2018)

High Court judgment on repeated non-compliance with pre-trial directives, late settlements and postponements, resulting in punitive costs and fee forfeitures in multiple civil matters.

  • Punitive Costs Orders
  • Pre Trial Directives
  • Late Settlement
  • Unlawful Arrest And Detention
  • Loss Of Support
  • Divorce Case Management
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Labour Law [2017] ZALAC 2

Vermaak v MEC for Local Government and Traditional Affairs, North West Province and Others (JA15/2014)

Vermaak v MEC for Local Government and Traditional Affairs, North West Province and Others (JA15/2014) [2017] ZALAC 2 (10 January 2017)

The Labour Appeal Court set aside a punitive attorney-and-own-client costs order in an urgent labour dispute, holding that the applicant’s conduct did not justify such an exceptional sanction.

  • Costs In Labour Court
  • Punitive Costs Orders
  • Urgency In Labour Disputes
  • Unfair Dismissal
  • Labour-court-costs
  • Punitive-costs-orders
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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.