South Africa Case Law

Karoo Wilddienste (Pty) Ltd v Griekwaland-Wes Korporatief Beperk and Others (CA&R 36/2022)

Karoo Wilddienste (Pty) Ltd v Griekwaland-Wes Korporatief Beperk and Others (CA&R 36/2022) [2024] ZANCHC 91 (14 June 2024)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 36/2022

Judges

PHATSHOANE, WILLIAMS, STANTON

The court held that the test for absolution from the instance requires only that the plaintiff present evidence on all elements of the claim, not that the evidence be conclusive. The appellant had pleaded and led evidence supporting the existence and terms of the agency agreement, its own compliance, and the respondent's breach. The respondent's reliance on technicalities and speculative inferences was premature at this stage. The trial court erred by granting absolution, as the appellant had made out a prima facie case. The matter should proceed to trial for full ventilation of the issues.

Source excerpt

• Agency Agreement
• Auction Sale
• Specific Performance
• Absolution From Instance

Zenith Car Rental (Pty) Limited v Valuline Four (Pty) Limited and Others (3041/2023)

Zenith Car Rental (Pty) Limited v Valuline Four (Pty) Limited and Others (3041/2023) [2023] ZAECQBHC 66 (20 December 2023)

Court

Eastern Cape High Court, Gqeberha

Case number

3041/2023

Judge

M.S. Jolwana

The court dismissed an urgent application to enforce restraint of trade clauses, finding insufficient proof of breach, no restraint against Apex, and defective urgency.

• Restraint Of Trade
• Urgent Interdict
• Unlawful Competition
• Agency Agreement
• Confidential Information
• Restraint-of-trade

Nile Dutch Africa B.V v Crystal Pier Shipping Proprietary Limited and Others (11530/2021P)

Nile Dutch Africa B.V v Crystal Pier Shipping Proprietary Limited and Others (11530/2021P) [2022] ZAKZPHC 47 (14 September 2022)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

11530/2021P

Judge

Mlaba AJ

The High Court set aside a business rescue resolution and placed the company under provisional liquidation after finding no reasonable prospect of rescue.

• Business Rescue
• Provisional Liquidation
• Creditor Claims
• Agency Agreement
• Just And Equitable Liquidation
• Business-rescue

AECI Limited t/a Nulandis v Dellis (595/15)

AECI Limited t/a Nulandis v Dellis (595/15) [2015] ZAKZDHC 83 (23 October 2015)

Court

Kwazulu-Natal High Court, Durban

Case number

595/15

Judge

Lopes

High Court held that an agent had to repay R160 000 advanced under a contract after resigning to join a competitor; the repayment clause was not an excessive penalty.

• Agency Agreement
• Commission Repayment
• Conventional Penalty
• Contract Termination
• Contract-law
• Agency-agreement

Syntec Global Incorporated and Another v Baxotype (Pty) Ltd and Another (3092/2015)

Syntec Global Incorporated and Another v Baxotype (Pty) Ltd and Another (3092/2015) [2015] ZAECPEHC 54 (10 September 2015)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3092/2015

Judge

Roberson

High Court refused to set aside an ex parte attachment order confirming jurisdiction over Syntec’s stock, finding a prima facie claim, proper jurisdiction, and no required joinder.

• Attachment Ad Confirmandam Jurisdictionem
• Agency Agreement
• Urgent Interdict
• Non Joinder
• Superior Courts Act
• Prima Facie Cause Of Action

Liberty Group Limited v Botes and Others (40775/11)

Liberty Group Limited v Botes and Others (40775/11) [2015] ZAGPJHC 121 (27 March 2015)

Court

South Gauteng High Court, Johannesburg

Case number

40775/11

Judge

Windell

The plaintiff established, through documentary and oral evidence, that the defendants entered into the standard agency agreement and a specific addendum, which governed their remuneration and obligations. The Schedule presented by the defendants was found to be illustrative and not a binding contract. The defendants failed to lead any evidence to rebut the plaintiff's prima facie case or to prove the existence of a different agreement. The court accepted the plaintiff's evidence and found that the defendants were contractually obliged to repay the lump sums and commissions advanced to them up…

Source excerpt

• Agency Agreement
• Contract Enforcement
• Onus Of Proof
• Prima Facie Evidence
• Counterclaim Dismissal

Liberty Group Limited v Botes and Others (40775/11)

Liberty Group Limited v Botes and Others (40775/11) [2015] ZAGPPHC 198 (27 March 2015)

Court

North Gauteng High Court, Pretoria

Case number

40775/11

Judge

Windell

The court held that Liberty proved the agency agreement and addendum, not the defendants’ alleged Schedule, and ordered repayment of lump sums and commissions.

• Agency Agreement
• Contract Enforcement
• Onus Of Proof
• Prima Facie Evidence
• Counterclaim Dismissal
• Agency-agreement

Van Den Heever v EFC Properties CC T/A Pam Golding (Margate) (1578/2008)

Van Den Heever v EFC Properties CC T/A Pam Golding (Margate) (1578/2008) [2014] ZAKZDHC 37 (15 September 2014)

Court

Kwazulu-Natal High Court, Durban

Case number

1578/2008

Judge

Lopes

Court held most monthly payments were advances against commission, not salary, and that commission was calculated after outside introductions, royalties, and VAT.

• Agency Agreement
• Commission Entitlement
• Debate Of Account
• Interest On Advances
• Outside Introductions
• Relocation Expenses

Adcock Ingram Critical Care (Pty) Ltd v Batswadi Pharmaceuticals (Pty) Ltd and Another (20402/2012)

Adcock Ingram Critical Care (Pty) Ltd v Batswadi Pharmaceuticals (Pty) Ltd and Another (20402/2012) [2014] ZAGPJHC 48 (14 March 2014)

Court

South Gauteng High Court, Johannesburg

Case number

20402/2012

Judge

Wepener

The High Court ordered inspection of respondents’ computers under Rule 36(6) to test the authenticity of disputed correspondence relied on in the pleadings.

• Discovery And Inspection
• Rule 36 6
• Authenticity Of Documents
• Forensic Examination
• Agency Agreement
• Discovery-and-inspection

Capstone 32 (Pty) Ltd v Du Preez (16205/2013)

Capstone 32 (Pty) Ltd v Du Preez (16205/2013) [2014] ZAGPPHC 349 (19 February 2014)

Court

North Gauteng High Court, Pretoria

Case number

16205/2013

Judge

D D Mogotsi

The court dismissed an exception to a plea in a dispute over a written agency and commission agreement and the admissibility of alleged oral terms.

• Parol Evidence Rule
• Agency Agreement
• Exception To Plea
• Integration Rule
• Parol-evidence-rule
• Exception-to-plea