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Biddlecombe v Road Accident Fund [2011] ZASCA 225 (30 November 2011).
The importance of assessing the degree to which expert evidence is based on measurable facts and scientific principles before determining its evidential value - Ultimately, a balanced and case-specific approach to evaluating expert evidence in conjunction with other testimonies is required..
V.N obo P.N v Member of the Executive Council for the Department of Health and Social Development of the Eastern Cape Province [2021] ZAECPEHC 50 (31 August 2021)
This case provides a detailed framework for the assessment and evaluation of expert evidence, underlining the importance of not just the credibility and qualifications of the expert witnesses, but also the logical consistency, relevance, and reliability of their opinions
Thomas and Another v Thomas (1223/2021) [2023] ZASCA 36 (31 March 2023).
Whether the respondent's right, title, and interest in a legal action initiated before his sequestration, which he claimed was abandoned by the trustees of his insolvent estate, could be pursued by him after his rehabilitation
Minister of Justice and Correctional Services and Others v Estate Late James Stransham-Ford and Others [2016] ZASCA 197; [2017] 1 All SA 354 (SCA); 2017 (3) BCLR 364 (SCA); 2017 (3) SA 152 (SCA) (6 December 2016)
This appeal deals with mootness. Mootness is the term used to describe the situation where events overtake matters after judgment has been delivered, so that further consideration of the case by way of appeal will not produce a judgment having any practical effect.
Member of The Executive Council for Health Gauteng Province v Solomons [2023] ZAGPJHC 739; 2023 (6) SA 601 (GJ) (27 June 2023)
The core legal principle underlying the decision is that patient confidentiality is a just excuse for non-compliance with a subpoena duces tecum under South African law. Compare Divine Inspiration Trading 205 (Pty) Ltd v Gordon and Others 2021 (4) SA 206 (WCC)
Technology Corporate Management (Pty) Ltd and Others v De Sousa and Another (613-2017) [2024] ZASCA 29 (26 March 2024)
The judgment in this case revolves around the interpretation and application of Section 252 of the Companies Act 61 of 1973, which deals with the remedy available to a member of a company who complains that the affairs of the company are being conducted in a manner unfairly prejudicial, unjust, or inequitable to them or to some part of the members of the company.
Morley v Lambrechts (A 526-2013) [2014] ZAWCHC 124 (21 August 2014)
This judgment has significant implications, highlighting the need for utmost freedom of contract and reinforcing the principle that contracts offensive to public policy will not be upheld. But what is meant by 'public policy'?