Summary: Contract – interpretation – application to recover claims for security services – appellant electing to abide – invoicing on respondent’s calculations of price escalations– not communicating objection to alleged short payment – defences of waiver and prescription upheld.

Summary: Rights of fideicommisaries upon death of fiduciary – right of executor of fiduciary’s estate to enforce eviction order granted to fiduciary – scope of res judicata where appeal does not deal with court a quo’s factual findings.

Summary: Trade mark – expungement from the register for non-use – s 27(1)(b) of Trade Marks Act 194 of 1993 – whether mark used by proprietor thereof.

Summary: Customs and Excise Act 91 of 1964 – classification of articles for customs duty – correct tariff to be applied in respect of ‘window or wall types, selfcontained or “split-system”’ air conditioning machines and parts thereof.

Summary: Defence Act 42 of 2002 – soldier enrolled as member of the South African National Defence Force on fixed term contract – contract renewed on three occasions – renewal considered when due to expire but refused – refusal constituting administrative action in terms of Promotion of Administrative Justice Act 3 of 2000 – decision reviewed and set aside
– appropriate relief.

Trade mark – application for registration of a mark – opposition by holder of previously registered mark under s 10(14) of Trade Marks Act 194 of 1993 – onus on applicant to show no likelihood of confusion or deception between its mark and mark already registered – likelihood of confusion between the marks CURIDA and CURITAZ.

Summary: Where a claim for the cancellation of lease agreements, and the eviction of the tenants, is based only on the terms of the agreements, and not on the title of the lessor, the court of the tenants’ domicile, and of the place where the contracts were concluded, has concurrent jurisdiction with that of the forum rei sitae. Ignorance of a term of the leases entitling the lessor to cancel in the event of a surety’s sequestration not a justus error on the facts.

Pension fund – curatorship in terms of s 5(2) of Financial Institutions (Protection of Funds) Act 28 of 2001 – trustee’s remuneration – court order that it be agreed with Executive Office of the Financial Services Board in accordance with the norms of attorneys’ profession – whether fee as a percentage of amounts recovered on behalf of fund in accordance with those norms – whether contrary to public policy or an infringement of Contingency Fees Act 66 of 1997. Whether conclusion of fee agreement administrative action in terms of PAJA – whether application to set aside fee agreement a review in terms of principle of legality – applicability of delay rule – locus standi of applicants – abuse of process and doctrine of unclean hands.

Summary: Criminal law - plea of guilty under s 112(2) of the Criminal Procedure Act 51 of 1977 - where all the elements of an offence are admitted in a written plea ofguilty an accused may be convicted accordingly on the basis of the plea - respondent admitted having had sexual intercourse with the 12 year old complainant - sentenceof life imprisonment improperly set aside by the high court on appeal on the basis of lack of evidence of complainant’s age - appeal by the National Director of Prosecutions on a point of law upheld.

Summary: Criminal law – appeal by State against sentences for two counts of housebreaking with intent to rape and rape –misdirections by trial court in respect of supposed remorse, youthfulness and absence of physical injury – no substantial and compelling circumstances – heavier sentences than those prescribed justified for two rape convictions.