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Dispute Resolution

Description
Legislation

Dispute Resolution News & Insights

This section examines dispute resolution rules, legislation and procedures, as well as matters which have been resolved through negotiation, mediation, arbitration, collaborative law and litigation.

Referral to Registrar for a debt or liquidated demand

In Auditor-General of South Africa v Accounting Officer of Gateway Airports Authority (Ltd) and Another [2022] JOL 54182 (LP), the court had to determine whether the claim in the default judgment was for ‘a debt’ or for a ‘liquidated demand’. The Auditor-General…

Provided By LexisNexis

by Merilyn Kader

Fraud can unravel dreams of retirement

Most employees strive to create a “nest egg” for themselves by making monthly contributions from their salary into a pension fund. However, dreams of retiring and watching the sunset from your porch could be severely hampered if you, as an employee, conduct yourself…

Provided By Eversheds Sutherland

by Sandro Milo, Tasso Anestidis, Nadia Froneman, Kyle Lamb, Justine Shear and Dylan Bouchier

Money Money Money – Costs that a court can award

Once a judgment has been handed down, the successful party is generally awarded costs. This is decided upon the court’s discretion. Courts may choose not...

by Robyn Shepherd

Are you underinsured? A nasty little insurance principle may just come back to bite you.

Many policyholders are underinsured, whether it be deliberately or ignorantly so. Either way, it may just come back to bite them at the claims stage. Principle...

by Jean-Paul Rudd

Urgent application

A group of 116 persons in Ndevu and Another v Westonaria South Property Holding (Pty) Ltd t/a Westonaria South and Others [2022] JOL 53978 (GP) occupying a...

by Merilyn Kader

Commission welcomes Tribunal ruling ordering banks to answer the allegations against them in the Forex Cartel case

The Competition Commission (Commission) welcomes the decision of the Competition Tribunal (Tribunal) in which it dismissed applications/objections brought by various local and foreign banks to...

by Competition Commission South Africa

Nowhere to run or hide: Directors can be held personally liable for employee dismissals

Most directors conduct business behind the protective veil of limited liability offered by the separate corporate identities of companies. Directors innocently believe that this protection...

by Sandro Milo, Tasso Anestidis, Nadia Froneman, Kyle Lamb, Justine Shear and Dylan Bouchier

The devil is in the details of an insurance contract

A few media houses have recently reported that Mr. Erlo Goshai, a Cape Town motorist, has warned motorists to “read the fine print when entering...

by Jean-Paul Rudd

What is the effect of a restraint of trade clause when a business is sold?

A client asked if she is bound by the restraint of trade undertaking contained in her employment contract when her employer sold the business as...

Removal of a director by shareholders of a company: reasons not necessarily to be provided

Section 71(1) of the Companies Act, 2008 allows for the removal of a director of a company by the shareholders of that company, by way...

by Zelmaine van der Westhuizen

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