Shrivar Chendip

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Interim damages payment applications from spendthrift plaintiffs in personal injury claims

This blog was co-authored by Lesego Molosiana, Candidate Attorney. In Sibongile Ngcobo v Dr L.F. Oelofse, an interim payment application in terms of High Court Rule 34A (hereafter ‘Rule 34A’) was brought by the plaintiff seeking interim compensation for personal injury damages. Rule34A provides that the accompanying affidavit to the application ought to: 1. Sufficiently … Continue reading

Section 2(4)(a) of the Apportionment of Damages Act

This blog was co-authored by Talia Rajah, Candidate Attorney. The July 2023 High Court case of Gavon Anton Broadhurst v Gearhouse Splitbeam (Pty) Limited and D P Hussey considered whether an application for leave, in terms of section 2(4)(a) of the Apportionment of Damages Act 1956, can be granted after the institution of the further … Continue reading

The issue of joinder in the absence of a claim by the plaintiff

This blog was co-authored by Dylan Hampton, Candidate Attorney. In the Ross and Another v Nedbank Limited case, the plaintiffs instituted an action against the defendant bank, for breaching its duty of care owed to the plaintiffs.  The delictual claim alleged that the bank negligently allowed the withdrawing of money from a third-party account belonging … Continue reading

A reminder to all Commissioner of Oaths

In the May 2023 case of Phumelela Local Municipality v Telkom SA SOC Limited, the validity of a founding affidavit submitted to the court in relation to an application for summary judgment was rejected for want of compliance with the commissioner of oaths regulations. The founding affidavit in support of the summary judgement application stated … Continue reading

Revisiting repudiation of a contract

This blog was co-authored with: Jason Hudson, Candidate Attorney Platinum Property Enterprise (Pty) Ltd v Mcshane and Another The Western Cape High Court heard an application for an interdict and specific performance relating to the sale and transfer of immovable property. The purchaser and seller concluded a sale agreement where the purchaser would pay the … Continue reading

Conflicting expert advice

This blog was co-authored by Raees Halim, Candidate Attorney In NDB obo JWK v Road Accident Fund, evidence was led to assess loss of future earnings of the plaintiff’s minor son, who sustained dire injuries from a motor vehicle collision five years before. Each party’s respective industrial psychologist experts could not agree on the child’s … Continue reading