07/11/2024 Bertus Preller Abuse, Defamation, Domestic Violence, Malicious Prosecution, Physical Abuse actio iniuriarum, Aquilian action, bail conditions, Case Law, civil damages, civil litigation, constitutional damages, court judgments, Court Procedures, criminal allegations, damages quantum, defamation law, divorce consequences, expert evidence, false allegations, false criminal charges, Judicial Discretion, Justice Gamble, Legal Costs, Legal Fees, legal precedent, legal principles, legal remedies, malicious prosecution, non-patrimonial damages, patrimonial loss, psychological damage, pure economic loss, reputational damage, South African courts, Western Cape High Court Defamation Disaster: From Love at Sea to Legal Storm – Court Awards R665K in G.C v J.C and Others (14205/2014) [2024] ZAWCHC 354. Background: From Marriage to Malicious Charges In what reads like a script from a dramatic courtroom series, the tale of an Italian cruise ship head waiter and a South African… READ MORE
19/08/2024 Bertus Preller Costs, Divorce, Domicile, International Divorce adverse inferences, affidavits, attachment orders, Burden of Proof, costs, credibility, domicile, ex parte orders, full disclosure, incola, international litigation, jurisdiction, Legal Fees, motion proceedings, peregrinus, Plascon-Evans rule, reconsideration applications, residence, South African Law, Uniform Rules of Court Domicile Dilemma: Unraveling Jurisdictional Complexities in J.M v N.C (2023/00100) [2024] ZAGPJHC 762 (16 August 2024). Background: The Legal Dispute Between J.M and N.C The case of J.M v N.C (2023/00100) ZAGPJHC 762 (16 August 2024) originated from a dispute over legal fees between J. Mahomed,… READ MORE
23/04/2024 Bertus Preller Costs 2022/18404, Access to Justice, complexity, costs order, counsel's fees, High Court, importance, jurisdiction, Labour Court, Legal Fees, Mashavha v Enaex Africa (Pty) Ltd, party and party costs, prospective application, Rule 67A, scale of costs, standing, Uniform Rules of Court, value, ZAGPJHC 387 Mashavha v Enaex Africa (Pty) Ltd (2022/18404) [2024] ZAGPJHC 387 (22 April 2024): Application of New Rule 67A on Party and Party Costs in the High Court. Facts of the Case In the case of Mashavha v Enaex Africa (Pty) Ltd (2022/18404) ZAGPJHC 387 (22 April 2024), the applicant, Lucky Ephraim Mashavha, brought an application against several… READ MORE
27/01/2024 Bertus Preller Alimony, Children, Costs, Maintenance, Parental Rights, Rule 43, Rule 43 Cost Contributions, Spousal Maintenance acrimonious divorce, Asset Division, Child Custody, child maintenance, children's act, Constitutional Rights, court judgment, Divorce, divorce litigation, divorce settlement, Family Advocate, Family Court, Family Law, family trust, financial dependence, financial disclosure, interim maintenance, Legal Costs, Legal Fees, Legal Representation, marital property, marital regime, matrimonial disputes, Mediation, Rule 43, Separation, South Africa, spousal support, Uniform Rules of Court Unravelling the Tangles of Divorce: A South African Rule 43 – Case Study on Interim Maintenance and Legal Costs – T.C v B.C (21300/2022) [2024] ZAGPJHC 48 (25 January 2024). Background In this case, presided over by Mahomed AJ, an application was made for interim maintenance and a contribution toward legal costs, in line with Rule 43 of the Uniform… READ MORE
20/10/2023 Bertus Preller Costs Attorney Certification, Bill of Costs, Costs Consultant, Court Review, Fee Sharing, Legal Fees, Legal Practice Act, Legal Practitioner, Legal Profession, Legal Taxation, Professional Responsibility, Regulatory Control, South African Law, Statutory Body, Taxing Master Navigating the Legal Maze: The Court Sets Boundaries for the Role of Bill of Costs Consultants in Taxations. J.J.V.R v Taxing Master, High Court of South Africa (Western Cape Division) and Others (15120/2022) ZAWCHC 261 (20 October 2023) Bench: P.A.L. Gamble, D.M. Thulare, JJ & R. Wathen-Falken, AJ… READ MORE