South Africa Case Law

Jurie Wynand Van Dyk t/a Van Dyks Property Brokers v M3T Developments (Pty) Ltd (1478/2023)

Jurie Wynand Van Dyk t/a Van Dyks Property Brokers v M3T Developments (Pty) Ltd (1478/2023) [2024] ZAWCHC 219 (23 August 2024)

Court

Western Cape High Court, Cape Town

Case number

1478/2023

Judge

P Farlam

The court found that the plaintiff did not act as a financial services provider within the meaning of the FAIS Act. His role was limited to introducing the defendant to potential financiers and did not involve furnishing advice or intermediary services in respect of a financial product as defined by the Act. The loan agreement facilitated was not a financial product under the FAIS Act, and the plaintiff did not provide recommendations or proposals of a financial nature regarding such a product. The exception based on the alleged contravention of the FAIS Act was therefore without merit. The v…

Source excerpt

• Financial Advisory And Intermediary Services Act
• Exception To Pleadings
• Void Contract
• Brokerage Agreement

Twende Africa Group (Pty) Ltd t.a TAG Marine v Qavak; Fisherman Fresh CC v Twende Africa Group (Pty) Ltd t.a TAG Marine (AC216/2018)

Twende Africa Group (Pty) Ltd t.a TAG Marine v Qavak; Fisherman Fresh CC v Twende Africa Group (Pty) Ltd t.a TAG Marine (AC216/2018) [2018] ZAECPEHC 20; [2018] 2 All SA 576 (ECP) (20 February 2018)

Court

Eastern Cape High Court, Port Elizabeth

Case number

AC216/2018

Judge

G G Goosen

The court found that the applicant had demonstrated sufficient urgency due to the commercial prejudice caused by the arrest of the vessel, justifying truncated time periods for the application. On the merits, the plaintiff failed to establish a prima facie contractual claim against the applicant, as the evidence did not support the existence of a tacit or implied agreement obliging the applicant to pay commission. The plaintiff's alternative delictual claim for unlawful interference was also not prima facie established, as the necessary elements, including actual loss and a legal duty, were n…

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• Warrant Of Arrest
• Maritime Claim
• Brokerage Agreement
• Prima Facie Case
• Ex Parte Application
• Commission Claim

Liberty Group Ltd v Thobei and Another (30795/2012)

Liberty Group Ltd v Thobei and Another (30795/2012) [2017] ZAGPPHC 543 (10 August 2017)

Court

North Gauteng High Court, Pretoria

Case number

30795/2012

Judge

Tlhapi VV

The court found that the plaintiff was entitled to repayment of advance commissions under the broking agreement when policies lapsed or were cancelled. The certificate of balance issued by the plaintiff's divisional manager constituted prima facie evidence of the amount owed, and the defendants failed to discharge the evidentiary burden to prove its inaccuracy, despite being given access to commission statements. The first defendant admitted indebtedness but did not provide evidence of a lesser amount. The counterclaim for statement and debatement of account was abandoned due to the defendant…

Source excerpt

• Brokerage Agreement
• Suretyship
• Certificate Of Balance
• Prescription
• Statement And Debatement Of Account

Mano et Mano v Nationwide Airlines (Pty) Ltd and Others (606/05)

Mano et Mano v Nationwide Airlines (Pty) Ltd and Others (606/05) [2006] ZASCA 128; [2007] 2 All SA 227 (SCA); 2007 (2) SA 512 (SCA) (30 November 2006)

Court

Supreme Court of Appeal

Case number

606/05

Judges

Zulman, Farlam, Conradie, Maya, Theron

An aircraft broker failed to recover commission after the court found it was not the effective cause of the eventual sale.

• Commission Claim
• Effective Cause
• Agency Law
• Brokerage Agreement
• Non Circumvention
• Damages