South Africa Case Law

Vital Engineering (Pty) Ltd v Pringle (2019/7031)

Vital Engineering (Pty) Ltd v Pringle (2019/7031) [2023] ZAGPJHC 505 (18 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2019/7031

Judge

S Yacoob

The court found that the defendant, while acting as managing director, instructed the payment of legal fees for his personal matter from company funds without board authority, constituting a breach of fiduciary duty. The applicant's evidence, including witness statements and supporting documents, was accepted as credible and unchallenged. The defendant's version was rejected due to lack of substantiation and failure to testify. The quantum of damages was proved on a balance of probabilities. The court held that the applicant was entitled to recover the full amount paid, with interest, and cos…

Source excerpt

• Breach Of Fiduciary Duty
• Director Liability
• Damages For Unauthorised Payments
• Commercial Court Practice
• Mora Interest

Directrix Risk Services CC v Badenhorst and Others (55831/2021)

Directrix Risk Services CC v Badenhorst and Others (55831/2021) [2023] ZAGPJHC 280 (30 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

55831/2021

Judge

N Redman

The High Court dismissed an application challenging attorneys’ authority, seeking consolidation and removal from the Commercial Court, and pursuing Rule 35(12) discovery.

• Authority Of Attorney
• Consolidation Of Actions
• Commercial Court Practice
• Discovery Procedure
• Punitive Costs
• Authority-of-attorney

Firstrand Bank Limited v Erasmus :In re: Erasmus v Firstrand Bank Limited (2017/27120)

Firstrand Bank Limited v Erasmus :In re: Erasmus v Firstrand Bank Limited (2017/27120) [2022] ZAGPJHC 395 (10 June 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2017/27120

Judge

Siwendu

The High Court dismissed a self-represented litigant’s amendment and consolidation applications, struck out scandalous allegations, and awarded costs against her.

• Amendment Of Pleadings
• Consolidation Of Actions
• Striking Out Scandalous Averments
• Costs Award
• Commercial Court Practice
• Amendment-of-pleadings

B & B Markets Rooftop (Pty) Limited v Hyprop Investments Limited (19451/15)

B & B Markets Rooftop (Pty) Limited v Hyprop Investments Limited (19451/15) [2019] ZAGPJHC 233 (24 July 2019)

Court

South Gauteng High Court, Johannesburg

Case number

19451/15

Judge

Opperman

The court dismissed a Rule 30 application and set aside an exception to amended particulars of claim, finding the repeated point should not be argued again before trial.

• Exception Procedure
• Amendment Of Pleadings
• Abuse Of Process
• Commercial Court Practice
• Rule-30
• Exception-procedure