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South Africa Case Law

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Civil Procedure [2024] ZAGPPHC 727

Keele v Legal Practice Council and Others (1930/2021)

Keele v Legal Practice Council and Others (1930/2021) [2024] ZAGPPHC 727 (2 August 2024)

The court set aside a taxed bill of costs, the consequent writ of execution, and the attachment of the applicant’s vehicle after finding Rule 30 process had been cut short.

  • Setting Aside Writ Of Execution
  • Taxation Of Costs
  • Irregular Step
  • Rule 30 Procedure
  • Rule 42 Variation
  • Access To Justice
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Civil Procedure [2023] ZAGPJHC 346

Sheriff of Pretoria North East v SA Taxi Development Finance (Pty) Limited and Others (23904/2017)

Sheriff of Pretoria North East v SA Taxi Development Finance (Pty) Limited and Others (23904/2017) [2023] ZAGPJHC 346 (14 April 2023)

The High Court dismissed an application to rescind a taxing master’s allocatur, holding that a rule 30 notice did not stay taxation and had lapsed.

  • Taxed Bill Of Costs
  • Rescission Of Default Judgment
  • Rule 30 Procedure
  • Taxed-bill-of-costs
  • Rescission
  • Rule-30
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Civil Procedure [2017] ZAGPJHC 56

National Union of Metal Workers of South Africa (NUMSA) v Oosthuizen and Others (36016/2015)

National Union of Metal Workers of South Africa (NUMSA) v Oosthuizen and Others (36016/2015) [2017] ZAGPJHC 56; 2017 (6) SA 272 (GJ) (10 March 2017)

The court held that the applicant, NUMSA, was not entitled to act as plaintiff on behalf of individual members in a common law action without class certification. The procedural law does not permit a person to sue as plaintiff for another outside the class action context, and the union's representation power under the Labour Relations Act does not extend to common law matters. The application for class action certification must be brought before the institution of proceedings, not ex post facto. The requirements for certification were not fully met, particularly regarding the suitability of t…

  • Class Action Certification
  • Joinder
  • Trade Union Representation
  • Rule 30 Procedure
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Labour Law [2013] ZALCJHB 285

Feni v Pan South African Language Board (J859/13)

Feni v Pan South African Language Board (J859/13) [2013] ZALCJHB 285 (31 October 2013)

The Labour Court granted unopposed leave to appeal after dismissing the applicant’s urgent application, finding the Rule 30(3A) requirements met.

  • Leave To Appeal
  • Urgent Application
  • Rule 30 Procedure
  • Leave-to-appeal
  • Labour-court-procedure
  • Urgent-application
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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.