Cited regarding the circumstances in which a submission to jurisdiction will suffice.
Cited for the distinction between wide and narrow discretion.
Cited for the test for appellate interference with an exercise of judicial discretion.
Applied to the principle that an order that unjustifiably disregards a tender amounts to a mis-exercise of the court's discretion.
Cited for the principle that exercise of a discretion is not bound by rules and precedents have limited value because facts are never identical.
The court cites this case to affirm that the court a quo exercised its discretion judicially in awarding attorney and client costs against the appellant.
Cited to support the principle that interference on appeal requires that discretion was not judicially exercised.
Cited for the principle governing the narrow discretion of the trial court in refusing condonation and when this court may interfere with such exercise of…
Court applies the principle from Naylor that failure to exercise judicial discretion usually constitutes exceptional circumstances as envisaged in s…
Cited for the principle that failure to exercise a discretion constitutes exceptional circumstances for the purposes of section 16(2) of the Superior Courts…
Cited in support of the principle that an appeal court will only interfere with discretionary orders where the lower court has not exercised its discretion…
Court cites Naylor for the principle that failure to exercise a judicial discretion constitutes an exceptional circumstance warranting special leave.
Cited for the inference of malice where a statement is made with knowledge of its untruthfulness.
Cited for the principle that a court of appeal will interfere with a cost order only if the exercise of discretion is vitiated by misdirection or irregularity,…
The court applies the principle that apportionment involves a narrow discretion and sets out grounds for interference by an appellate court.
Cited for guidance on quantum of damages in defamation case involving allegations of theft and dishonest conduct where damages were reduced from R30,000 to…
Applied for the principle that a failure to exercise a judicial discretion will usually constitute an exceptional circumstance under the Superior Courts Act,…