Disclosure – Specific disclosure – Application for specific disclosure of audited financial statements – Application made within the hearing of the assessment of damages – Whether the documents to be disclosed are or have been in the defendant’s possession or under its control – Whether the documents to be disclosed are directly relevant to one or more matters in issue – Whether an order for specific disclosure is necessary in order to dispose of the claim fairly or to save costs – Whether an order for specific disclosure should be made at this late stage – Civil Procedure Rules, 2002, rule
Negligence – Motor vehicle collision – Vehicle stopped in the vicinity of the entrance to a school some distance from a corner – Vehicle colliding with the rear of that which had stopped – The duty of care – The duty of care in terms of proper care – Reciprocated duty – Road code – Breach – Effect – Breach creating no presumption of negligence – Contributory negligence – Credibility of witnesses
Judicial review – Application for leave to apply for judicial review – The threshold test – Whether the applicant has an arguable ground with a realistic prospect of success – Applicant charged with offences under repealed statute – Whether the charges laid against the applicant are null and void and of no effect – Whether the Full Court is the proper forum having regard to all the circumstances of the case – Whether there is an alternative remedy available to the applicant – The Money Laundering Act, section 3(1)(c), The Interpretation Act, section 25(2), The Proceeds of Crime Act, section
Judicial review – Application for leave to apply for judicial review – Threshold test – Whether the applicant has an arguable ground with a realistic prospect of success – Doctrine of ultra vires – Whether statutory authority acted ultra vires – Principle of illegality and irrationality – Whether statutory authority acted illegally and irrationally – Principle of equitable treatment – Whether statutory authority acted unfairly and inequitably – Whether the waivers granted by the statutory authority gave rise in law to a legitimate expectation on the part of the applicant – Whether the appli
Constitutional law – Breach of right to a fair trial within a reasonable time – Delay
in judgment being delivered – Impossibility of judgment being lawfully delivered
the Judge having retired – Whether a retrial ought to be ordered – Burden of
proof as regards whether a retrial ought to be ordered – Remedies – Whether
compensation ought to be awarded to the claimant as damages arising from the
breach – Assessment of sum to be awarded – Whether award can include
damages and costs in original claim – Charter of Fundamental Rights and
Negligence – Damage to property – The duty of care owed by utility company to homeowner – Breach of the duty of care – Doctrine of res ipsa loquitur – Causation – Foreseeability of damage – Remoteness of damage – Basis on which damages are to be assessed – Whether special damages have been specifically pleaded and specifically proven – Quantum of damages – Whether the court should deviate from the breach date rule in the assessment of damages in the interest of justice
Civil procedure – Defence – Whether the defence filed amounts to a bare denial – Application to strike out portions of witness statement on the basis that it introduces facts not pleaded – Defence of automatism – Application to strike out defence of automatism – Res judicata – Doctrine of res judicata – Issue estoppel – Doctrine of issue estoppel – Civil Procedure Rules, 2002 – Rules 10.5, 20.1, 20.4, 26.3, 1.1 and 1.2
Wills – Construction – The appropriate construction to be applied to particular clause in a will – Whether fee simple absolute was bequeathed – Whether will created a settlement – Perpetuities – The rule against perpetuities – Whether particular clause in the will offends the rule against perpetuities – Whether particular clause in the will is void for uncertainty – Repugnancy – The doctrine of repugnancy – Whether particular clause in the will infringes the doctrine of repugnancy – Recovery of funds expended in accordance with the will – The Wills Act, section 23, The Settled Land Act, sec
Damages – Trespass – Assessment – Expert evidence – Tax element – Effect of taxation on large fund of damages – Basis on which damages is to be assessed – Quantum of damages
Judicial review – Constructive dismissal – Whether a constructive dismissal constitutes a termination of employment as contemplated by the Labour Relations and Industrial Disputes Act – Labour Relations and Industrial Disputes Act, sections 2 and 11
Costs – Whether a cost order should properly be made in the circumstances – Whether it is appropriate for a cost order to be made against an intervening party,
Civil Procedure Rules, 2002, rules 56.15(4) and (5), 64.3, 64.6(1), 64.6(3), 64.6(4)(a),(b),(d)(i) and (ii), (e)(i), (ii) and (iii), 64.6(4)(f) and 64.6(4)(g)
