South Africa Case Law

Engaged Business Turnaround (Pty) Ltd and Another v CP Crane Hire (Pty) Ltd and Others (046219/2023)

Engaged Business Turnaround (Pty) Ltd and Another v CP Crane Hire (Pty) Ltd and Others (046219/2023) [2024] ZAGPJHC 817 (22 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

046219/2023

Judge

Makume

The court held that Rule 35(12) entitles a party to production of documents referenced in pleadings or affidavits, regardless of whether pleadings are closed or an answering affidavit has been filed. The applicants' objections regarding lateness, specificity, and relevance are unfounded, as Rule 35(12) does not require detailed reference or relevance as a limitation. The respondents raised a bona fide dispute regarding the reasonableness of the legal fees, and the documents sought are relevant to resolving this dispute. The remuneration agreement does not override the respondents' right to di…

Source excerpt

• Discovery Under Uniform Rules
• Business Rescue
• Attorney Fee Dispute
• Remuneration Agreement
• Costs Taxation

Wienand v Pharma Natura (Pty) Ltd (JR561/2011)

Wienand v Pharma Natura (Pty) Ltd (JR561/2011) [2012] ZALCJHB 72; (2013) 34 ILJ 1012 (LC) (12 July 2012)

Court

Labour Court Johannesburg

Case number

JR561/2011

Judge

G N Moshoana

The Labour Court reviewed a jurisdictional ruling and held that an employment relationship existed, giving the bargaining council jurisdiction.

• Jurisdictional Ruling
• Employer Employee Relationship
• Review Under Section 158 1 G
• Remuneration Agreement
• Section 200a Presumption
• Unfair Dismissal