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South Africa decisions
Decisions matching the current search
Manyeleti Consulting SA (Pty) Ltd v Eskom Holdings SOC Limited (50885/2021) [2025] ZAGPJHC 165 (20 February 2025)
The High Court stayed provisional sentence proceedings pending contractual adjudication under the NEC3 contract and confirmed the referral to Adv Leech SC.
Eskom Holdings Soc Ltd v Rechavu Trading And Projects (Pty) Ltd (50873/21) [2023] ZAGPPHC 1776 (22 September 2023)
The High Court dismissed Eskom’s application to rescind a default judgment, finding no good cause, no erroneous grant, and ordered attorney-and-client costs.
Seventy Five on Maude (Pty) Limited v Aveng Africa (Pty) Limited t/a Aveng Grinaker LTA (003754/2022) [2023] ZAGPJHC 564 (26 May 2023)
The High Court made an arbitration award an order of court, holding that a later adjudication dispute did not bar enforcement of the final award.
Umgungundlovu District Municipality v MLO, New Boss and Zamisanani JV and Another (5831/2020P) [2021] ZAKZPHC 50 (11 August 2021)
The High Court held that a contractual adjudication process was unenforceable after the parties failed to appoint a board member within the required time.
Ekurhuleni West College v Segal and Another (1287/2018) [2020] ZASCA 32 (2 April 2020)
The court held that the adjudicator's determination was an interim measure subject to revision in arbitration, as expressly provided in the building contract and JBCC Adjudication Rules. The College's review application sought to challenge unterminated proceedings, which is only permissible in rare cases of grave injustice. No such circumstances were shown. The adjudicator acted strictly in accordance with the contract, and the College's procedural complaints lacked merit. The College was contractually bound to pay the determined amount and pursue its remedy in arbitration. The review applica…
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Group Five Construction (Pty) Ltd v Transnet SOC Limited (45879/2018) [2019] ZAGPJHC 328 (28 June 2019)
The High Court dismissed an application to enforce an adjudicator’s decision, holding that the adjudicator’s mandate had ended when the respondent refused an extension.
Steve Biko Foundation v Frese NO and Another (A5008/2017) [2018] ZAGPJHC 446 (7 March 2018)
Appeal upheld: the court held that an interlocutory adjudicator’s award could not be made an order of court before arbitration was finalised.
Entsha Henra CC v Sol Plaatje Municipality and Another (410/2015) [2017] ZANCHC 61 (20 October 2017)
The court held that the contract did not make adjudication the exclusive dispute process, so the adjudicator’s decision was not final against court review.
Jonroux Builders & Contractors (Edms) Beperk v Pty Props 16 (Edms) Beperk (63394/12) [2012] ZAGPPHC 295 (19 November 2012)
The court upheld a special plea based on a JBCC dispute-resolution clause and stayed the action pending completion of adjudication and arbitration.
Basil Read (Proprietary) Limited v Regent Devco (Proprietary) Limited (41108/09) [2010] ZAGPJHC 75 (9 March 2010)
The court enforced an interim payment certificate under a JBCC construction contract, holding that the contractor’s claim was independent of an adjudicator’s disputed determination.
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