This blog was co-authored by William Hayne, Candidate Attorney.
In October 2024, the High Court dismissed the claimant’s claim against their insurer due to initiation of legal proceedings outside stipulated time limits in the time bar clause.
The claimant operated a business centred around the purchase and resale of lucerne. To protect its stock, the
On 26 September 2024, the high court dismissed an application to obtain benefits from a group life policy with a Global Education Protection benefit.
The applicant, acting in her representative capacity of her minor daughter, attempted to claim benefits under a group life policy issued by the insurer. The policy provided indemnity cover for education
The UK Court of Appeal found in October 2024 that a motor dealer who procured and offered finance to the buying customer to secure a lower purchase price of the vehicle was acting as a broker on behalf of the customer in a capacity that involved an obligation of loyalty and trust. The fiduciary duty
In October 2024 the Constitutional Court held that where there had been a breach of contract and the claimant initially sued for specific performance, the subsequent claim for damages had prescribed because it was not instituted within three years of the date of cancellation of the contract.
A property transaction between two individuals resulted in
The Financial Services Tribunal has brought much-needed clarity to the position of statements made under section 112(2) of the Criminal Procedure Act, 1977 (CPA) and the implication under section 37D of the Pension Funds Act, 1956 (PFA). On 23 October 2024, the FST in the case of Nyathi South Africa (Pty) Ltd v
In October 2024 the High Court reaffirmed the rules governing demand and conditional guarantees in South Africa, and the standards required to challenge a demand on the grounds of fraud only in the clearest cases.
The second respondent (the employer) awarded a contract to the applicants (the JV) to upgrade certain roads. The JV had
On 22 October 2024, the Supreme Court of Appeal (SCA) upheld an appeal by a non-governmental organisation (NGO) which challenged the regulatory approval of genetically modified maize. The SCA applied the precautionary principle, which requires decision-makers to adopt a cautious approach where evidence of possible environmental harm exists.
The matter arose from the approval granted
The High Court in South African Retirement Annuity Fund v Pension Funds Adjudicator and Another clarified that the twelve-month period within which funds are to trace dependants commences to run from the date on which the fund is notified of the death of the member and not on the date of death of the member.
In this court of appeal judgment the court was required to consider the judgment of the lower court previously discussed here.
The reinsurer’s grounds of appeal were that:
On 14 October 2024, the Durban High Court dismissed a review application brought by a trading entity against a ruling by the Ports Regulator that it had jurisdiction to determine the validity of administrative action exercised by Transnet.
The matter arose from a lease agreement between the applicant lessee and Transnet in respect of