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South Africa Case Law

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Civil Procedure [2015] ZAECGHC 140

Van Zyl v Wilson and Another (5772/2015)

Van Zyl v Wilson and Another (5772/2015) [2015] ZAECGHC 140 (4 December 2015)

The court ordered disclosure of trust account details and proof of payment so the applicant could pursue an anti-dissipation interdict over sale proceeds.

  • Anti Dissipation Interdict
  • Attorney Client Confidentiality
  • Domicilium Citandi Et Executandi
  • Latent Defects
  • Urgent Interdict
  • Disclosure Of Information
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Civil Procedure [2012] ZAKZPHC 72

Wishart and Others v Blieden NO and Others (7136/2011)

Wishart and Others v Blieden NO and Others (7136/2011) [2012] ZAKZPHC 72; [2013] 1 All SA 485 (KZP); 2013 (6) SA 59 (KZP) (15 November 2012)

The court found that the applicants failed to establish a clear right to the relief sought. No attorney-client contract existed between the applicants and the respondents; any such relationship was with the companies. The applicants did not prove that confidential information personal to them was imparted to the respondents. The information disclosed related to the companies and was either public or not relevant to the section 417 enquiry. The court declined to develop South African law to adopt the inherent jurisdiction approach as in Australian law, finding that the facts did not warrant su…

  • Attorney Client Confidentiality
  • Fiduciary Duty
  • Final Interdict
  • Conflict Of Interest
  • Companies Act Section 417
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Commercial And Corporate [2011] ZACT 33

Monsanto South Africa (Pty) Ltd and Another v Bowman Gilfillan and Others (22/X/Mar11)

Monsanto South Africa (Pty) Ltd and Another v Bowman Gilfillan and Others (22/X/Mar11) [2011] ZACT 33; [2011] 1 CPLR 203 (CT) (9 June 2011)

The Tribunal dismissed Monsanto’s application to stay merger proceedings pending a High Court conflict-of-interest challenge against Bowmans.

  • Conflict Of Interest
  • Merger Proceedings
  • Exclusive Jurisdiction
  • Interim Relief
  • Competition Act
  • Attorney Client Confidentiality
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Civil Procedure [1995] ZASCA 125

Bogoshi v Van Vuuren NO and Others; Bogoshi and Another v Director: Office for Serious Economic Offences (543/93)

Bogoshi v Van Vuuren NO and Others; Bogoshi and Another v Director: Office for Serious Economic Offences (543/93) [1995] ZASCA 125; 1996 (1) SA 785 (SCA); (13 November 1995)

The court held that attorneys could not block seizure of files under the Serious Economic Offences Act by claiming privilege that was not bona fide.

  • Legal Professional Privilege
  • Search And Seizure
  • White Collar Crime
  • Judicial Review
  • Attorney Client Confidentiality
  • Legal-professional-privilege
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.