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Applied the Constitutional Court principle that a court is obliged mero motu to raise a point of law apparent on the papers where parties proceed on a wrong…
Applied the principle that a court may raise legal principles mero motu where the facts are squarely raised in the papers.
Applied the dictum that a court is entitled to base its judgment on any matter flowing fairly from the record even if not raised in argument.
The Supreme Court of Appeal dismissed Nedbank's appeal with costs. While disagreeing with the high court's PAJA reasoning, the court upheld the relief on the…
The court applies Mendelow which held that registration of transfer has no effect where there is no real intention to transfer ownership, especially where the…
Applied the principle that registration effected as a result of fraud or a forged document does not transfer ownership as South Africa's system of deeds…
Cited in support of the principle that administrative action is determined by the nature of the decision not its characterization.
Cited for the abstract theory of ownership in South African property law.
Applied the dictum that whether conduct constitutes administrative action depends on the nature of the power being exercised rather than the identity of the…
Cited as authority on the distinction between administrative action and clerical acts.
Applied the principle that the abstract theory of transfer applies to immovable property and that a defect in the real agreement prevents ownership from…
Noted that the issue of whether the Registrar exercises a discretionary function was not considered by the court on appeal in this case.
Cited as authority on the definition of administrative action.
Cited in support of the distinction between clerical and administrative actions.
The Court applies Mendelow's holding that where registration of transfer is effected pursuant to fraud or a forged document, ownership does not pass because…
Court cites the case for the proposition that certain statutory steps may amount to mechanical functions not involving a decision and therefore not…
Court cites Professor Hoexter's description (drawn from this case) of 'purely mechanical' powers as being more in the nature of duties involving little or no…