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South Africa Case Law

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Civil Procedure [2024] ZAFSHC 350

Mofokeng and Another v Taxing Master of the Free State High Court and Others (4685/2023)

Mofokeng and Another v Taxing Master of the Free State High Court and Others (4685/2023) [2024] ZAFSHC 350 (5 November 2024)

The High Court dismissed an application to rescind a Taxing Master’s allocatur, finding the late notice of opposition unexplained in part and Rule 42 inapplicable.

  • Taxation Of Costs
  • Rescission Of Allocatur
  • Late Filing Of Opposition
  • Rule 42
  • Rule 48
  • Taxation-of-costs
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Civil Procedure [2010] ZAWCHC 381

Weaving v Reck and Others (11579/06)

Weaving v Reck and Others (11579/06) [2010] ZAWCHC 381 (23 April 2010)

The court held that it was bound by the full bench decision in Menzies Birse & Chiddv v Hall, which established that a decision made by a judge in chambers under Rule 48 is not appealable unless a statutory provision expressly allows it. The court found no basis to distinguish the present case from Menzies, as the relevant rules are for all practical purposes identical. The court further held that Section 21A of the Supreme Court Act requires extraordinary circumstances for leave to appeal on a costs issue, which were not present in this case. The invitation to follow Vaaltvn v Goss & Another…

  • Review Of Taxation
  • Leave To Appeal
  • Costs Only Appeal
  • Rule 48
  • Appealability Of Chambers Decision
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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.