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South Africa decisions
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SB Guarantee Company (RF) Pty Ltd v Richardson and Another (Variation) (93741/20) [2024] ZAGPPHC 1385 (9 December 2024)
The High Court varied its earlier order under Rule 42(1)(b) to correct an omission and specify the amount for which an immovable property was declared executable.
South Africa Custodial Services (Louis Trichardt (Pty) Ltd v Commissioner for the South African Revenue Services (A291/2022) [2024] ZAGPPHC 1059 (31 October 2024)
Supplementary judgment varying an earlier order under Rule 42(1)(b); the court confirmed its omission about the second application was a patent error and dismissed that appeal.
Mashilo v Lemmer and Others (Variation) (33669/2021) [2024] ZAGPPHC 330 (12 April 2024)
The High Court varied an earlier order under Rule 42(1)(b) to correct patent errors in the judgment and order, including respondent references and the operative relief.
L.M v M.M (A5008/2021) [2024] ZAGPJHC 325 (28 March 2024)
The High Court dismissed an appeal about varying a divorce accrual order under Rule 42, holding the correction fixed a patent omission without changing substance.
N.P.S obo A.S v Member of the Executive Council for Health, Gauteng (Variation) (55763/2020) [2024] ZAGPPHC 271 (18 March 2024)
The High Court varied its earlier order under Rule 42(1)(b) to add omitted costs for expert witnesses’ qualifying, preparation and reservation fees.
Native Child Africa (Pty) Ltd v Akinwale and Another (125850/2023) [2024] ZAGPPHC 71 (30 January 2024)
The High Court varied its earlier order to correct the record, confirming that the second respondent’s application was struck off for lack of urgency with costs awarded.
Govender v Gauteng Provincial Government: Department of Roads and Transport (J677/23; J952/23) [2023] ZALCJHB 325; [2024] 3 BLLR 298 (LC) (24 November 2023)
The Labour Court dismissed an application to vary its earlier judgment, finding no ambiguity or patent error and holding the matter was finalised when judgment was granted.
Gobey and Another v Nedbank Limited (40203/2021) [2023] ZAGPPHC 719 (21 August 2023)
The High Court refused rescission of a default judgment against sureties, but reduced the debt to reflect payments made and granted condonation.
Kirkhoff v Road Accident Fund - Amendment Order (5994/2015) [2023] ZAFSHC 297 (29 July 2023)
The High Court corrected a patent error in a prior order, increasing the future loss of income award from R508,700 to R548,700 under Rule 42(1)(b).
City of Johannesburg Metropolitan Municipality and Another v Valuation Appeal Board for the City of Johannesburg and Another (41468/2018) [2023] ZAGPJHC 707 (15 June 2023)
The court held that section 52 of the Local Government: Municipality Property Rates Act only empowers the Valuation Appeal Board to review adjustments in property value exceeding 10%, not to determine property category. The statutory scheme provides separate processes for value (automatic review under section 52) and category (appeal under section 54). The VAB acted within its powers in declining jurisdiction over category under section 52. The applicants failed to pursue an appeal within the prescribed period and acquiesced in the previous order. Rule 42 does not apply as the previous order…
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