Summary: Administrative law – whether management framework and totality of relevant evidence including previous public participation concluded in anticipation of implementation of statutory park management plan was proper basis for legitimate
expectation – document to be interpreted comprehensively – legitimate expectation established.

Summary: Where no contractual or other claim lies against a trust, and theSummary: Where no contractual or other claim lies against a trust, and thecreditor alleges that the trust is the alter ego of the debtor, it cannot claim thesequestration of the trust unless it can show that the trust is its debtor and isinsolvent. An unliquidated claim for damages cannot found a claim for sequestrationand sequestration is not the appropriate remedy for resolving a dispute about a debt.

Summary: Immovable property purchased by disqualified person in contravention ofSummary: Immovable property purchased by disqualified person in contravention ofthe Group Areas Act 36 of 1966 – registered owner seeking eviction of testamentaryheir of purchaser – defence that registered owner holding property as nominee onbehalf of purchaser – such a claim in terms of s 3 of Restitution of Land Rights Act 22of 1994 – exclusive jurisdiction of Land Claims Court – eviction action stayed in termsof s 19(d) of Superior Courts Act 10 of 2013 pending action before Land Claims Court

Summary: Administrative action – whether the determination of aSummary: Administrative action – whether the determination of amethodology used to regulate gas prices under s 21(1)(p) of the Gas Act 48 of2001 is administrative action – whether a determination by the regulator underthat section which resulted in an increase in permissible maximum gas priceswas rational.

Prescription : attorney sued for negligence : Prescription begins to run as soon as the creditor acquires knowledge of the facts necessary to institute action: whether knowledge of delay in constructing a sectional title scheme constituted knowledge of facts constituting a complete cause of action.

Debtor and creditor – remedying of default in a credit agreement in terms of s 129(3) of the National Credit Act 34 of 2005 – s 129(3) requires payment by or on behalf of the consumer – consumer relied on payments during 2013 and 2015 – not established that 2013 payment settled the arrears – 2015 payments did settle the arrears but were not made by or on behalf of the consumer.
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National Credit Act 34 of 2005 (the NCA) – co-principal debtors – whether transaction is a credit guarantee in terms of s 8(5) of the NCA – whether credit provider required to register in terms of s 40 of the NCA.
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Delict – claim for damage to earning capacity – plaintiff and his brother each owned 50 per cent of close corporation – present case distinguishable from Rudman – plaintiff’s claim permissibly quantified with reference to corporation’s diminished profits.
Delict – collateral source rule – plaintiff’s post-injury earnings, to extent they exceeded a market related salary for his reduced role, the result of benevolence – correctly disregarded.

Actio aquae pluviae arcendae – interdict – stormwater from higher property discharging into municipal stormwater drainage system – combined with water from road and other properties – increasing flow in watercourse on lower property – discharging in accordance with approved plans – discharge lawful – alternative claim based on neighbour law unjustified.
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Tender evaluation and adjudication : challenges based, inter alia, on s 6(2)(b) of the Promotion of Administrative Justice Act 3 of 2000 : whether acceptable tender in terms of s 7 of the Preferential Procurement Policy Framework Act 5 of 2000 read with applicable regulation : whether regulation dealing with minimum staffing of water works endures despite repeal of a number of statutes regulating the provision of water to the public : savings provisions examined and applied.
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