The applicant failed to persuade the Western Cape High Court to extend the right to privately cultivate cannabis established in the Minister of Justice and Constitutional Development and Others v Prince [2018] ZACC 30 to grow clubs.
In the Prince case, the court held that the prohibition of cannabis use is unconstitutional in as far
A burst boiler pipe at a hotel resulted in mould damage to the property. An exclusion stated “damage caused solely by mould is not covered under this policy”.
The court found that the language “caused solely by” indicates a distinction between mould as a loss and mould as a cause of
MD and Another v Medihelp Medical Scheme and Another [2022] ZAGPPHC 640
An urgent application was brought to the High Court by the mother of a three-year-old child (“Z”) who has been diagnosed with a rare genetic condition, Hunters Syndrome MPS II (“MPS II”). Z has been a member of the respondent medical scheme from
On 26 March 2020, the President announced that South Africa would enter into a lockdown due to the Covid-19 pandemic. Prior to this, it was common practice for sale agreements to be signed in wet ink by the contracting parties at a physical meeting. However, following the Covid-19 pandemic, many South Africans work remotely and
An Australian Supreme Court dismissed a claim for a contribution by one insurer against another because the earthmoving plant loader that was involved in the accident was being operated at the time as a mechanical tool of trade. A tool of trade was defined to mean “the operation of your motor vehicle whilst engaged
A Montana Supreme Court rejected an extraordinary claim by the insured who had kidnapped, physically assaulted, threatened, restrained and injured his estranged wife using the insured vehicle in the course of the kidnap. The court had no difficulty in finding that the insured’s conduct was not accidental for the purposes of the policy and that
The insured company represented by its sole director and shareholder agreed to construct a residential aged care building on the property. The company failed to disclose at a material time that the company was in severe financial distress and unable to meet its obligations including tax obligations. The Australian Federal Court held that the failure
Minister of Trade, Industry and Competition, Ebrahim Patel, speaking at the 16th Annual Competition Law, Economics and Policy Conference, announced a proposed new block exemption for SMMEs, for the purpose of stimulating growth and participation of SMMEs in the economy following Covid-19. These proposed Regulations are open for comment until the end of September
Where a Directors and Officers Policy provided that the insurer was not liable in connection with any claim based on “any circumstance which was known about by any of the Directors or Officers or Company prior to the Period of Insurance”, it was held that the word “circumstance” meant a circumstance
An Australian federal court held that where a director failed to disclose the financial distress of his company to the prejudice of the other contracting party under a constructions contract, the director “gained personal profit or advantage” for the purposes of an exclusion of the Directors and Officers Policy and no claim was