South Africa Case Law

Red Tree Capital (Pty) Ltd v Oosthuizen (20121/2021)

Red Tree Capital (Pty) Ltd v Oosthuizen (20121/2021) [2024] ZAWCHC 54 (19 February 2024)

Court

Western Cape High Court, Cape Town

Case number

20121/2021

Judge

Andrews

The court found that most issues identified for separation were already common cause, and the main dispute concerned whether the Plaintiff had properly pleaded a cause of action under the CPA. The court held that separation would not be convenient, as it would not expedite resolution, would result in duplication of evidence, increased costs, and potential delays due to appeals. The Plaintiff's alternative enrichment claim would remain even if the agreements were found void, and the evidence required for both separated and remaining issues would overlap. The court exercised its discretion to r…

Source excerpt

• Consumer Protection Act
• Fixed Term Agreements
• Separation Of Issues
• Demonstrable Benefit
• Cancellation Penalty

South African Securitisation Programme (RF) Limited v Govindpershad (5835/2022)

South African Securitisation Programme (RF) Limited v Govindpershad (5835/2022) [2023] ZAGPJHC 728 (26 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

5835/2022

Judge

MIA

The High Court dismissed summary judgment, finding the defendant raised bona fide defences based on cancellation of a fixed-term rental agreement and cession issues.

• Consumer Protection Act
• Summary Judgment
• Cession Of Rights
• Fixed Term Agreement
• Cancellation Penalty
• Summary-judgment

Cancellation fee: gym contract (201602-0005932)

Cancellation fee: gym contract (201602-0005932) [2016] ZACGSO 8 (7 March 2016)

Court

Consumer Goods and Services Ombud

Case number

201602-0005932

Judge

N Melville

The Ombud recommended a R699 settlement in a gym contract cancellation dispute, holding that cancellation penalties must be reasonable and exclude future profits.

• Consumer Protection Act
• Fixed Term Contracts
• Cancellation Penalty
• Contractual Liability
• Unfair Contract Terms
• Consumer-protection-act