Case Note: Sentrachem V Terrblanche (237/2016) [2017] ZASCA 16 (22 March 2017)
Monday, 03 July 2017
Summary This case went on appeal to the Supreme Court of Appeal (the “SCA”) wherein the Court upheld an appeal against a decision of the Gauteng Division of the High Court (the “court a quo”). The issues before the SCA included, inter alia: 1. whether or not the substitution of a party after litis contestatio
- Published in 2017, Commercial Law, Other
No Comments
Case Note: Margalit V Standard Bank of SA Ltd (883/2011) [2012] ZASCA 208 (3 December 2012)
Monday, 03 July 2017
Summary The Appellant was the owner of immovable property (“the Property”) situated in Sandton. The First Respondent was Standard Bank South Africa, Limited; and the Second Respondent was the conveyancing attorney who was responsible for cancelling the bonds on the aforesaid Property (“the Conveyancing Attorneys”). The Appellant sold the Property to a third party at
- Published in 2017, Commercial Law, Conveyancing, Property Law
Case Note: National Sugar Refining and Allied Industries Union obo Mngomezulu v Tongaat Hulett Sugar Ltd (Darnall) [2016] 11 BALR 1172 (NBCSMRI)
Monday, 03 July 2017
Summary The Applicant is Mr Mngomezulu, a former employee of the Respondent. The Applicant was dismissed for misconduct after he was accused of using witchcraft to intimidate the Respondent’s employee, Ms Nxele (the “Incident”). On the morning of the Incident, Mrs Nxele had parked her car in the company’s parking lot, the exterior of which
- Published in 2017, Commercial Law, Labour Law
Case Note: Media 24 Books (Pty) Ltd // Oxford University Press SA (Pty) Ltd [2016] Case No: 886/2015
Monday, 03 July 2017
Summary The case concerns two dictionaries intended to be used by and assist school children. They are bilingual Afrikaans-English English-Afrikaans dictionaries. Both are relatively small with no more than 4 000 to 5 000 entries in each language. These reflect a basic vocabulary incorporating the most commonly used words in each language. Each entry consists
- Published in 2017, Commercial Law, Intellectual Property
Case Note: The Kwa Zulu-Natal Law Society v Mrs Simrithi Sharma and The Standard Bank of South Africa
Monday, 03 July 2017
Summary An Application was brought by the Applicant for leave to Appeal to the Supreme Court of Appeal but only in respect of the cost order. Subsequently the Applicant launched an application to seek leave to amend its notice of Application for leave to appeal to seek leave to appeal also in respect of the
- Published in 2017, Commercial Law, Other
Case Note: Picardi Hotels Ltd v Thekwini Properties (Pty) Ltd (2008) (07/680) ZASCA 128
Monday, 03 July 2017
Summary The Appellant (Picardi Hotels Ltd) in this matter appealed against the judgment handed down with leave of the Durban High Court (the Court a quo). The Respondent (Thekwini Properties (Pty) Ltd) instituted action against the Appellant in the court a quo, claiming the payment of arrear rentals in terms of a lease agreement. In
- Published in 2017, Commercial Law, Property Law
Case Note: Afgri Operations Limited v Hamba Fleet (Pty) Limited (542/2016) [2017] ZASCA 24 (24 March 2017)
Monday, 03 July 2017
Summary Court a quo: In 2014 the Appellant obtained a judgment for costs against the Respondent. The Respondent failed to discharge this debt owed to the Appellant. Accordingly, the Appellant brought an application to wind up the Respondent on the basis that the Respondent was unable to pay its debts within the meaning of s
- Published in 2017, Commercial Law, Insolvency
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: 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
Case Note: Globe Motors Inc v TRW Lucasvarity Electric Steering Ltd [2016] EWCA Civ 396
Wednesday, 14 June 2017
Summary TRW Lucasvarity Electric Steering Ltd (“TRW”) produced electric power assisted steering systems for several car manufacturers. In 2001, TRW entered into an exclusive supply agreement (the “Agreement”) with Globe Motors Inc (“Globe”) wherein Globe supplied TRW with components used in the production of a certain type of motor (referred to as the “Gen 1
- Published in 2016, Commercial Law
