Yasmin Kadwa

Arbitration clauses could prevent class actions

By Jeffrey Kron and Yasmin Kadwa on November 25, 2015 Posted in General

Class actions have the potential to be abused by plaintiffs, for example where a large number of claims are brought for trifling amounts and there is no public policy issue. Whether a class action for a small recovery can be pursued will be decided at the certification stage of proceedings, but by then large amounts … Continue reading

Court records are public documents

By Yasmin Kadwa on June 5, 2015 Posted in General

Court records are public documents. Members of the public now have access to most court documents before the matter has been called in open court. Some documents, such as those involving the interests of children, state security or commercial confidentiality, could be kept quiet but a departure from the general rule is an exception and … Continue reading

Unspecified interest is simple, not compound interest

By Yasmin Kadwa on May 8, 2015 Posted in Drafting tips

A contract specifying that interest must be “calculated daily” does not mean compounded daily or capitalised daily. Simple interest therefore applies. In Euro Blitz 21 (Pty) Ltd and Another v Secena Aircraft Investments CC the appeal court found that the words “calculated daily” in a written lease agreement and consequent court order did not mean … Continue reading

Cost orders in constitutional litigation

By Yasmin Kadwa on April 9, 2015 Posted in General

So as not to discourage the public from challenging unconstitutional acts of government, even an unsuccessful litigant may not have to pay the government’s costs. The general rule in constitutional litigation between a private party and the state is that if the private party is successful, its costs should be paid by the state, but … Continue reading

Class actions in the banking industry

By Yasmin Kadwa on September 2, 2014 Posted in Banking

The global banking industry has seen an increasing number of class actions being brought against it. In August 2014 an application for class action certification was launched against a number of Australian banks in New South Wales. The class potentially consists of hundreds of thousands of bank customers who were allegedly charged excessive credit card … Continue reading

Debt review and the National Credit Act

By Yasmin Kadwa and Katrijn Thys on March 24, 2014 Posted in Banking

A credit provider is entitled to enforce a loan that is subject to a debt-restructuring order without notice to the debtor once that order has been breached. This was confirmed by the Constitutional Court in Ferris v FirstRand Bank Limited. Mr and Mrs Ferris were unable to repay their home loan to FirstRand Bank Limited, … Continue reading