BP Southern Africa (Pty) Ltd v Intertrans Earl SA (Pty) & Others (34716/2016) [2016] ZAGPJHC
Tuesday, 12 May 2020
BACKGROUND BP Southern Africa (Pty) Ltd (“the Applicant”) and Intertrans Earl Oil SA (Pty) Ltd (“the First Respondent”) entered into various agreements in terms of which the First Respondent would have the right to exclusively purchase the Applicant’s products for resale and in return, the Applicant would supply the First Respondent with fuel and lease
- Published in 2016, Business Rescue, Restructuring and Insolvency
No Comments
Case Note: Laubscher N.O. v Duplan and Another [2016] ZACC 44
Wednesday, 12 July 2017
Summary BACKGROUND The applicant sought leave to appeal directly to the Constitutional Court in terms of section 167(6)(b) of the Constitution, against an order handed down by the Honourable Muller AJ in the Gauteng Division of the High Court, Pretoria. The principle issue before the High Court was the question of whether the respondent, who
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Case Note: Kriel v Terblanche 2002 (6) SA 132 (NCD) (15)
Wednesday, 12 July 2017
Summary The Applicant wanted to donate his farm to his grandchildren, but in order to avoid the tax implications thereof, he established a trust to which the farm was transferred. The agreement for the purchase of the farm was signed by one of the trustees prior to either of them being authorised to act as
- Published in 2016, Estates and Trusts
Case Note: Phillips v The State (370/2016) [2016] ZASCA 187 (1 December 2016)
Wednesday, 12 July 2017
Summary The appellant, is a constable in the South African Police Service. The appellant was convicted in the Regional Court Pretoria for soliciting and accepting a bribe in terms of section 4 (1) (a) (i) (aa) and 26(1)(a) of the Prevention and Combating of Corrupt Activities Act, 12 of 2004 (the “Act”), and was sentenced
- Published in 2016, Criminal Law
Case Note: Nedbank Ltd v Steyn and Others 2016 (2) SA 416 (SCA)
Friday, 30 June 2017
Summary The deceased, Mr Steyn, passed away still owing money to the Applicant in terms of a loan agreement based on a fully bonded immovable property. The Second Respondent was the executrix of Mr Steyn’s estate. The Applicant claimed the money from the estate in terms of the common law. The Respondents’ argued that the
- Published in 2016, Estates and Trusts
Case Note: Lyons V Skyways Body Corporate 2016 (6) SA 405 (WCC)
Thursday, 15 June 2017
Summary A sectional title scheme consisted of six four-storey buildings that each contained an elevator. Five of the six elevators were out of order for two years. The Applicant in this matter was an elderly owner of a sectional title unit of one of the aforesaid affected buildings. The Respondent was a body corporate of
- Published in 2016, Property Law
Case Note: Phillips v The State (370/2016) [2016] ZASCA 187 (1 December 2016)
Thursday, 15 June 2017
Summary The appellant, is a constable in the South African Police Service. The appellant was convicted in the Regional Court Pretoria for soliciting and accepting a bribe in terms of section 4 (1) (a) (i) (aa) and 26(1)(a) of the Prevention and Combating of Corrupt Activities Act, 12 of 2004 (the “Act”), and was sentenced
- Published in 2016, Criminal Law
Case Note: KNS Construction (Pty) Ltd v Genesis Partnership (98612016) [2016] ZAGPJHC 273 (9 September 2016)
Thursday, 15 June 2017
Summary The issue for determination was whether or not the arbitration award published on 27 January 2016 was subject to appeal. The Applicant and Respondent entered into an arbitration agreement which expressly provided that either party may appeal the award of the arbitrator to an appeal tribunal consisting of three arbitrators and furthermore, that any
- Published in 2016, Commercial Law
Case Note: Kriel v Terblanche 2002 (6) SA 132 (NCD) (15)
Wednesday, 14 June 2017
Summary The Applicant wanted to donate his farm to his grandchildren, but in order to avoid the tax implications thereof, he established a trust to which the farm was transferred. The agreement for the purchase of the farm was signed by one of the trustees prior to either of them being authorised to act as
- Published in 2016, Estates and Trusts, Tax Law
Case Note: Reveille Independent LLC v Anotech International (UK) Limited [2016] EWCA Civ 443
Wednesday, 14 June 2017
Summary A U.S. television company (“Reveille”) brought a claim against a UK-based cookware distributor (“Anotech”) for breach of contract. The claim was based on an alleged agreement that Reveille would integrate and promote Anotech’s products in episodes of the MasterChef U.S. television series and license to Anotech certain rights to use the MasterChef brand. The
- Published in 2016, Commercial Law
