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Metro Body Corporate v Diem and Others (7927/2022) [2024] ZAWCHC 372 (18 November 2024)
The High Court dismissed a body corporate application to set aside a sectional title transfer, found the litigation unauthorised, and ordered costs against the non-party initiator.
Villa Crop Protection (Pty) Ltd v Bayer Intellectual Property GmbH (CCT 237/21) [2022] ZACC 42; 2023 (4) BCLR 461 (CC); 2024 (1) SA 331 (CC) (8 December 2022)
The majority (Unterhalter AJ) held that the Commissioner of Patents erred in law by applying the incorrect standard—the interests of justice—rather than the established permissive principle for amendments to pleadings. The correct test is that amendments should be allowed unless made in bad faith or causing irremediable prejudice. The Commissioner’s reliance on the interests of justice and the anticipated complexity of the enquiry was not a valid basis for refusal. The refusal to allow the amendment implicated Villa Crop’s constitutional right of access to courts, as it prevented the applican…
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