South Africa Case Law

Van Veluw Beheer Bv v Maxxliving Pty Ltd and Another (A2023/045208)

Van Veluw Beheer Bv v Maxxliving Pty Ltd and Another (A2023/045208) [2024] ZAGPJHC 505 (22 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2023/045208

Judge

Bokako

The applicant failed to establish that the respondent is commercially insolvent or that the debt is not genuinely disputed on bona fide and reasonable grounds. The respondent provided detailed evidence of defects in the goods supplied, correspondence disputing the debt, and steps taken consistent with the agreement, including cancellation and tender of return. The section 345 notice was defective and did not comply with statutory requirements. The founding affidavit, while challenged, was found to be substantially compliant with the Commissioner of Oaths regulations. The choice of law clause…

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• Company Liquidation
• Commercial Insolvency
• Bona Fide Dispute
• Defective Goods
• Choice Of Law
• Founding Affidavit Compliance

Lukoil Marine Lubricants DMCC v Natal Energy Resources and Commodities (Pty) Ltd (12583/21P)

Lukoil Marine Lubricants DMCC v Natal Energy Resources and Commodities (Pty) Ltd (12583/21P) [2023] ZAKZPHC 31 (16 March 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

12583/21P

Judge

P C Bezuidenhout

The High Court stayed South African proceedings pending arbitration in London under English law and the LMAA rules, and reserved costs.

• Arbitration Clause Enforcement
• Stay Of Proceedings
• Breach Of Contract
• Repudiation
• Settlement Agreement
• Choice Of Law

East Asian Consortium, B. V. v MTN Group Limited and Others (2013/44462)

East Asian Consortium, B. V. v MTN Group Limited and Others (2013/44462) [2022] ZAGPJHC 969; [2023] 1 All SA 632 (GJ); 2023 (3) SA 77 (GJ) (30 November 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2013/44462

Judge

Wepener

The court held that Iranian law applies to the delictual claim, as the alleged wrongful conduct and resulting loss occurred in Iran. The exclusive jurisdiction clause in the Iranian tender regulations binds EAC to litigate in Iran, and no strong cause was shown to avoid this contractual obligation. The foreign act of state doctrine and state immunity preclude South African courts from adjudicating the lawfulness of acts performed by the Iranian government within its territory, as the claim would require adverse findings against Iran. The court declined to exercise jurisdiction and dismissed E…

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• Choice Of Law
• State Immunity
• Act Of State Doctrine
• Exclusive Jurisdiction Clause
• Unlawful Interference With Contractual Rights
• International Tender Dispute

East Asian Consortium BV v MTN Group Limited and Others (2013/44462)

East Asian Consortium BV v MTN Group Limited and Others (2013/44462) [2021] ZAGPJHC 130 (9 February 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2013/44462

Judge

W.L. Wepener

The High Court dismissed an application to compel further particulars, holding the plaintiff had provided enough detail for trial preparation.

• Further Particulars
• Pleadings
• Jurisdiction
• Prescription
• Choice Of Law
• Malfeasance

Lass v Lubamba and Another (60923/16)

Lass v Lubamba and Another (60923/16) [2019] ZAGPPHC 307 (17 July 2019)

Court

North Gauteng High Court, Pretoria

Case number

60923/16

Judge

Bam

High Court judgment on an international pilot employment dispute, interpreting unpaid remuneration clauses and awarding USD 39,000 plus interest and partial costs.

• International Employment Contract
• Choice Of Law
• Remuneration Dispute
• Contractual Interpretation
• Foreign Currency Payment
• International-employment-contract

Schenker South Africa (Pty) Ltd v Robineau and Others (C455/16; C790/16)

Schenker South Africa (Pty) Ltd v Robineau and Others (C455/16; C790/16) [2018] ZALCCT 41; (2019) 40 ILJ 213 (LC); [2019] 4 BLLR 409 (LC) (28 August 2018)

Court

Labour Court Cape Town

Case number

C455/16; C790/16

Judge

Rabkin-Naicker

The Labour Court held that the CCMA was functus officio after referring the dispute to the Bargaining Council under section 147 of the LRA, and its jurisdiction over the matter lapsed. Section 51(4) of the LRA does not operate to reinstate CCMA jurisdiction in such circumstances; it applies only where a dispute is referred to a Bargaining Council at first instance and one or more parties do not fall within its registered scope. The contracts between the parties clearly stipulated that Mozambican law governed the employment relationship, and the locality of the undertaking test was not applica…

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• Ccma Jurisdiction
• Bargaining Council Referral
• Functus Officio
• Choice Of Law
• Extra Territorial Jurisdiction

Owners Underwriters And parties who Bear Risk And to the Pontoon Margaret And the Cargo of two Floating Docks And Twelve Barges v Tug Salvatiant Admiralty Action in Rem, In re: Handel and Another v Semco Salvage VI Pty Ltd and Another (AC144/10)

Owners Underwriters And parties who Bear Risk And to the Pontoon Margaret And the Cargo of two Floating Docks And Twelve Barges v Tug Salvatiant Admiralty Action in Rem, In re: Handel and Another v Semco Salvage VI Pty Ltd and Another (AC144/10) [2014] ZAWCHC 210 (4 December 2014)

Court

Western Cape High Court, Cape Town

Case number

AC144/10

Judge

KM Savage

The High Court refused leave to amend admiralty particulars of claim, finding the proposed loss-of-profits amendments lacked sufficient facts for a pure economic loss claim.

• Amendment Of Pleadings
• Admiralty Jurisdiction Regulation Act
• Pure Economic Loss
• Exception Proceedings
• Choice Of Law
• Trial Particulars

Oceantask Corp v mv ‘Venetia’ and Others (A45/2013)

Oceantask Corp v mv ‘Venetia’ and Others (A45/2013) [2013] ZAKZDHC 26 (27 May 2013)

Court

Kwazulu-Natal High Court, Durban

Case number

A45/2013

Judge

Lopes

The applicant failed to establish a prima facie right to arrest the first respondent for security in respect of its claims in the Greek court. The court accepted the evidence of Dr Timagenis that the Greek court would apply English law to interpret the arbitration clause and would uphold a defence of res judicata, as the issues and parties in the Greek proceedings are identical to those in the London arbitration. The arbitration clause covers both contract and tort claims, and the arbitration award is final and binding. The applicant's claims in the Greek court have no reasonable prospect of…

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• Associated Ship Arrest
• Security For Foreign Proceedings
• Arbitration Clause
• Res Judicata
• Choice Of Law
• Unjust Enrichment

Anglin v Burchell (1134/2005)

Anglin v Burchell (1134/2005) [2010] ZAECGHC 79 (22 September 2010)

Court

Eastern Cape High Court, Grahamstown

Case number

1134/2005

Judge

Mageza

The court granted a postponement in a partly heard defamation trial, finding the applicant needed time to sort newly obtained U.S. discovery documents.

• Postponement Of Trial
• Separation Of Merits And Quantum
• Defamation
• Choice Of Law
• Discovery
• Costs Order

Independent Petroleum Group v Energy for Africa (28244/08)

Independent Petroleum Group v Energy for Africa (28244/08) [2009] ZAGPPHC 336 (26 May 2009)

Court

North Gauteng High Court, Pretoria

Case number

28244/08

Judge

Hartzenberg

The High Court dismissed a liquidation application, finding the respondent had raised a bona fide defence based on an alleged condition precedent and foreign-law clause.

• Company Liquidation
• Contractual Conditions Precedent
• Choice Of Law
• Bona Fide Defence
• Company-liquidation
• Bona-fide-defence