Articles Published - Litigation and Dispute Resolution Archives - Page 6 of 7

Newsflash | STBB secures High Court victory for property developer in zoning dispute

In a judgment that will no doubt be welcomed by Cape Town’s property developers and land surveyors, the Western Cape High Court last week ruled in favour of a valued client concerning a key Single Residential 1 (‘SR1’) zoning dispute.

Blog | Arbitration vs mediation: Clarifying the distinction

Disputes are frequent and inevitable in both personal and business endeavours. In light of increasing court backlogs and the undesirability of protracted litigation, alternative dispute resolution mechanisms, such as mediation and arbitration, have emerged as viable alternatives to traditional litigation.

Pulse | Caution ahead: Is a disclaimer notice sufficient to escape liability for wet floor-related injuries?

In Morrison v MSA Devco (Pty) Ltd, the Western Cape High Court recently upheld a restaurant patron’s claim for damages after she slipped and fell on the establishment’s wet floor and sustained serious injuries in the absence of prominently displayed

All About Property | Relief for property owner as Western Cape High Court confirms eviction order in peculiar dispute

Earlier this month, the Western Cape High Court ordered the eviction of a woman (‘the Appellant’), and all occupants holding title under her, who refused to vacate a Parklands property after it was sold in execution and formally transferred into

Pulse | The case of the post-retirement dismissals: Con Court fails to reach consensus in crucial employment law matter

Under South African law, dismissing an employee based solely on their age is deemed automatically unfair, unless that employee has reached the agreed or normal retirement age for individuals employed in their line of work. Over the years, our judiciary

Pulse | Business rescue update: Watershed SCA judgment confirms that ‘creditor’ includes post-commencement creditors

Late last month, the Supreme Court of Appeal (‘the SCA’) settled a long-standing legal debate: Within the scope of business rescue proceedings, which is regulated under Chapter 6 of the Companies Act (‘the Act’), the term ‘creditor’ embraces both pre-commencement

All About Property | ‘Without good cause in law’: Can a court order a sectional title owner to consent to a scheme extension?

Last month, the Supreme Court of Appeal (‘the SCA’) partially upheld an appeal by a body corporate seeking to force various owners in a sectional title scheme to consent to it obtaining a certificate of real right concerning the scheme’s

Pulse | Is the Taxing Master entitled to disallow the payment of an executor’s professional fees?

Last month, the Supreme Court of Appeal (‘the SCA’) adjudicated whether the executor of a deceased estate, being an attorney acting in a professional capacity on behalf of the deceased in litigation proceedings, was entitled to remuneration following the Taxing

Pulse | ‘Without a roof over their heads’: High Court denies father’s request to remove spouse and children from sold matrimonial home

Recently, the Western Cape High Court ordered a father embroiled in protracted divorce proceedings to settle his maintenance arrears before his wife and minor children are required to vacate the matrimonial home, which he unilaterally sold without securing alternative accommodation

Pulse | Clarifying the scope of litigation privilege: The SCA adopts ‘dominant purpose’ test in Steinhoff case

In an important decision in the context of litigation privilege and public interest access, the Supreme Court of Appeal (‘the SCA’) was recently tasked with ascertaining whether a third party’s communication was intended for pending or anticipated litigation and thus