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Cited for the principle that courts are opposed to piecemeal litigation.
Cited for the principle that piecemeal litigation should not be encouraged.
Applied for the principle that an order may be appealable where a litigant may suffer prejudice or injustice if left to stand, and that the possibility of a…
The court applies the summary of the Zweni requirements as set out in this Constitutional Court judgment.
Cited for the principle that administrative actions can be judicially reviewed post-Constitution.
Court cites this case as authority for when new grounds of appeal are permissible where they are foreshadowed in the initial grounds.
The court distinguished Sassin and declined to follow its obiter view that a s 50 inquiry transcript is inadmissible in subsequent civil proceedings.
Distinguished because in Survé an order was granted against the appellant which should never have been made and affected reputational rights, whereas here no…
The court applies the principle that leave to appeal constitutes a jurisdictional fact, without which the Supreme Court of Appeal has no jurisdiction to…
Cited for the same principle regarding the meaning of 'decision' in the context of appealability.
The Constitutional Court judgment is applied regarding the declaration of invalidity of sections 4(4)(a)(i)-(ii), 4(4)(b), 4(5) and 4(6) of the Customs and…
Cited for the proposition that there is no distinction between 'a decision' and 'a judgment or order' in the context of appealability.
Cited for the interests of justice approach to appealability.
The SCA found that it lacked jurisdiction to hear the appeal because the order granting SARS leave to intervene was not appealable—it was not final and…
Applied for the proposition that a matter may be appealable if the interests of justice require it to be regarded as an appealable decision.
Applied for the principle that the interests of justice approach to appealability applies to the Supreme Court of Appeal and not only the Constitutional Court,…
The court applies the summary of considerations for appealability set out in this case, including finality, definitiveness, disposal of substantial portion of…
This is the appeal from the judgment of Fabricius J in the Gauteng Division of the High Court, Pretoria, which confirmed the preservation order; the appeal was…
Applied for the principle that the calculation of liquidation dividend must be performed at the time of commencement of the business rescue.
Cited for the proposition that an order interlocutory to a main application is not decisive as to appealability.
Cited for the proposition that an order being interlocutory is not decisive as to its appealability.
Approved Davis J's conclusion that determining simulation requires a careful analysis of all surrounding circumstances including commercial purpose of a…
Followed to reaffirm that grant of leave does not render a non-appealable order appealable, and that jurisdictional facts of appealability must be present; the…
Cited to reiterate that interlocutory rulings which neither determine rights nor dispose of substantial relief are ordinarily not appealable, and that courts…
Cited in relation to the effect of an order granting an amendment.