Without Prejudice - Volume 10, Issue 10, 2010
Volume 10, Issue 10, 2010
Source: Without Prejudice 10, pp 42 –43 (2010)More Less
While we are accustomed to pursuing illiquid claims by summons, where no factual disputes are anticipated, these claims may be pursued by way of motion proceedings. The Supreme Court of Appeal (SCA) in Cadac (Pty) Ltd v Weber-Stephen Products Company also gave a wide interpretation of what constitutes court process which interrupts the running of prescription. Both issues are of special importance to litigators.
Author Matt AshSource: Without Prejudice 10, pp 44 –45 (2010)More Less
Recent court pronouncements have highlighted a disturbing approach to litigation that is burgeoning in South Africa. A Stalingrad gambit is being adopted, where a litigant uses every stratagem available to oppose, obstruct, or delay the efficient and effective determination of matters - a kind of ''scorched earth'' policy that is designed to exhaust the opponent rather deal with the merits of the case. Experience shows that the current system gives many opportunities to a party to litigation to exercise power to wear down an opponent, rather than obtain a final result.
The view from down under
Mistaken interpretations of the past are the burden of the present : lifestyleAuthor David ReesSource: Without Prejudice 10, pp 50 –51 (2010)More Less
If you watched the televised speech of Prime Minister David Cameron to the British Conservative Party conference in the UK (and what else is there to do on a weekday ?) you would certainly have failed to notice, embedded in the audience, an oddly unfamiliar face - yes, it was Tony Abbott, official Leader of the Opposition in Australia. So what was he doing there?
Author Vaughn WilliamsSource: Without Prejudice 10, pp 51 –52 (2010)More Less
Why would BMW drag a horde of journalists down to Durban to drive a new car that wasn't really new? Why didn't they just design a new car instead of fettling the old one? Well, "it's quite simple," as Guy Kilfoil (BMW Communications Manager) explained to us, "why fix it, if it ain't broke?"
Author David LancasterSource: Without Prejudice 10, pp 53 –54 (2010)More Less
In the past few years, the South African legal landscape has changed, with partners moving from one firm to another on an unprecedented scale; with or without their teams. Lateral hires of ''stars'' is now seen by most major law firms as one of their strategies in gaining competitive advantage.
Author Eben Van WykSource: Without Prejudice 10, pp 54 –55 (2010)More Less
Women buy approximately 77% of wine consumed in the United States and are responsible for approximately 60% of wine consumption. Shopping behaviour is, apparently, sexually based and takes place in accordance with ecological principles. Men shop in hunter mode (ducking in and out of a shop as fast as possible) and women, as gatherers, linger to seek advice (and various other things).
Author Michael AverySource: Without Prejudice 10, pp 60 –61 (2010)More Less
The final stage of Metorex's two-year-long restructuring programme was completed in September with the announcement that its tired old dog, Consolidated Murchison, the unprofitable gold and antimony mine, would be given a new lease on life by none other than erstwhile Harmony Gold CE, Bernard Swanepoel. No tears will be shed at Metorex as Cons Murch was never a star in the stable, producing a paltry 423kg of gold last year and a R79m loss.