National Director of Public Prosecutions v Wood and Others (2019/40451) [2020] ZAGPJHC 264 (26 October 2020)

Article written by Savera Singh, checked and released by Celeste Frank, Associate at Schindlers Attorneys. 31 August 2022 BACKGROUND On 18 November 2019 the National Director of Public Prosecution (“the Applicant”) obtained a provisional restraint order (“the provisional order”) against the parties’ pursuant to the provisions of Section 26 of the Prevention of Organised Crime
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The Application of Rule 46A in relation to the Execution of Residential Property owned by Juristic Persons.

Article written by Katleho Selepe, Candidate Attorney, checked by Kyle Venter, Associate and released by Maike Gohl, Partner at Schindlers Attorneys 15 July 2022 Introduction The laws of the Republic of South Africa demand that sufficient protection is afforded to judgment debtors who are at the risk of having their residential property executed on. Rule
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Bakenrug Meat (Pty) Ltd t/a Joostenberg Meat v Commission for Conciliation, Mediation & Arbitration & others (2022) 43 ILJ 1272 (LAC)

Disclosing your ‘side-hustle’/ side business to your employer Article written by Erin Gradidge, checked by Divina Naidoo, Associate and released by Chantelle Gladwin-Wood, Senior Partner at Schindlers Attorneys 13 July 2022 BODY OF ARTICLE: Introduction The fiduciary duty of good faith placed on employees to act in the best interest of the employer extends to
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Tricon Energy Ltd v MTM Trading LLC [2020] EWHC 700 (Comm) (23 March 2020)

BACKGROUND The High Court of Justice (Business and Property Courts of England and Wales) (the “Court”) heard a case in which, pursuant to section 69 of the Arbitration Act 1996, Tricon Energy Limited (the “Claimant”) appealed an award granted by the arbitral tribunal (the “Tribunal”). MTM Trading LLC (the “Defendant”) was the owner of the
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Merchant West Capital Solutions (Pty) Ltd v SAPPI Southern Africa (Pty) Ltd and Others (12395/2017) [2020] ZAGPJHC 50 (17 January 2020)

BACKGROUND The First and Fourth Defendants entered into a service level agreement (“SLA”), in terms of which the Fourth Defendant was to render certain services to the First Defendant. The Fourth Defendant would present invoices to the First Defendant for payment for services rendered. On 14 March 2012, 26 June 2012 and 13 June 2013,
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Praetura Asset Finance Ltd v Hood [2019] EWHC 2231 (Comm) (31 July 2019)

THE DEFAULT JUDGMENT The High Court of Justice (Business and Property Courts in Manchester) (the “Court”) heard a case in which Praetura Asset Finance Limited (the “Claimant”) sought to recover approximately £1,500,000.00 (One Million Five Hundred Thousand Pounds) from Derek Thomas Hood (the “Defendant”) in terms of an unregulated hire purchase agreement which involved a
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South African Football Association v Fli-Afrika Travel (Pty) Limited (13172018) [2020] ZASCA 4 (4 March 2020)

BACKGROUND The Appellant, the South African Football Association (hereinafter referred to as “SAFA”), and the Respondent, Fli-Afrika Travel (Pty) Ltd (hereinafter referred to as “Fli-Afrika”) had a long-standing commercial relationship, in terms of which Fli-Afrika was SAFA’s travel agent. The subject of the appeal was two agreements concluded between the parties, namely a Service Level
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Boskalis Offshore Marine Contracting BV v Atlantic Marine and Aviation LLP (The “Atlantic Tonjer”) [2019] EWHC 1213 (Comm) (14 May 2019)

BACKGROUND Atlantic Marine and Aviation LLP (the “Owner”), the defendant in the matter, chartered the ‘Atlantic Tonjer’, a multi-purpose support vessel (the “Vessel”), to the claimant, Boskalis Offshore Marine Contracting BV (“the “Charterer”) under the BIMCO SupplyTime 2017 Charter Party for Offshore Support Vessels (the “BIMCO Agreement”). A charter party is a deed or an
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Scoin Trading v Bernstein (29/10) [2010] ZASCA 160 (1 December 2010)

SUMMARY The appellant in this matter is Scoin Trading, a company that trades in coins and similar items. Gregory John Till (the deceased) was an avid coin collector who had purchased some gold coins and medallion from the appellant. During August 2007, deceased entered into an agreement with the appellant to purchase a rare ZAR
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TMF Trustee Ltd & Ors v Fire Navigation Inc & Ors [2019] EWHC 2918 (Comm)(01 November 2019)

BACKGROUND Burlington Loan Management DAC and Bank of America N.A, the third and fourth claimants in the matter (collectively the “Lenders”), entered into a loan agreement (the “Loan Agreement”) with Fire Navigation Inc and Hurricane Navigation Inc, the first and second defendants in the matter (“collectively the Borrowers”). In terms of the Loan Agreement, the
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