
Court resolves key costs questions in Cadac Pension Fund case
The High Court overturns an earlier disallowance of the curator’s costs and reaffirms that former trustees remain personally liable for curatorship and inspection expenses.

The High Court overturns an earlier disallowance of the curator’s costs and reaffirms that former trustees remain personally liable for curatorship and inspection expenses.

The Supreme Court of Appeal confirms that 181 unchallenged court orders obtained by Sunshine Hospital remain enforceable.

Internal directives cannot displace court orders or long-standing principles governing compensation, says the Western Cape High Court.

Exclusion clauses will not operate where indemnities are not properly concluded with each participant and brought to their attention.

Despite a decisive High Court loss, the Information Regulator is pushing on with an application for leave to appeal as the DBE confirms matric results will again be published in newspapers.

The SCA rules that buyers may rely on actio redhibitoria to unwind financed vehicle purchases marred by latent defects, even when the deal falls under the NCA.

INkundla ithi ababoneleli ngetyala kufuneka baqinisekise ukungafihli ngokupheleleyo ekuvezeni uhlobo, iindleko, kunye neziphumo zenkxaso-mali yeze ntlawulo.

The Court replaces the restrictive ‘exceptional circumstances’ test with a flexible ‘good cause’ standard, creating new forum-choice opportunities.

The Supreme Court confirms that any post-default restructuring of NCA-regulated loans must comply strictly with the Act.

The Supreme Court of Appeal will hear arguments on the merits if the appeal is upheld.

Until the suspensive condition is met, the right to performance is suspended and the prescription clock does not run.

The judgment confirms that municipalities can be held legally responsible when known public dangers, such as an uncovered stormwater drain, lead to injury or death.

The Court says credit providers must ensure full transparency in disclosing the nature, cost, and financing implications of these charges.

The proposal restricts the ‘bona fide inadvertent error’ defence under the understatement penalty regime to cases where the tax shortfall is a ‘substantial understatement’.

The majority finds the accreditation mechanism effectively coerced funds to amend their rules or risk losing employer contributions – undermining trustees’ fiduciary duties under the PFA.

Dependency is assessed at the member’s date of death, and trustees must conduct active investigations and apply a principled equitable allocation process.

The Adjudicator breached audi alteram partem by making adverse findings about a Fund’s investigation without giving it a substantive opportunity to respond.