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South Africa Case Law

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Civil Procedure [2024] ZAKZDHC 29

Passenger Rail Agency of South Africa v Moollas Transport Services CC trading as My Bus African Grey and Others (D174/2022)

Passenger Rail Agency of South Africa v Moollas Transport Services CC trading as My Bus African Grey and Others (D174/2022) [2024] ZAKZDHC 29 (21 May 2024)

The High Court upheld an exception to a counterclaim based on alleged Competition Act damages, holding that no cause of action arose without a Tribunal finding and certificate.

  • Exception Procedure
  • Cause Of Action
  • Prohibited Practices
  • Damages Claim
  • Competition Tribunal Referral
  • Exception-procedure
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Commercial And Corporate [2022] ZAGPJHC 398

Harold N.O. and Another v R and R Wholesalers and Distributors CC and Others (21033/2021)

Harold N.O. and Another v R and R Wholesalers and Distributors CC and Others (21033/2021) [2022] ZAGPJHC 398 (8 June 2022)

The court discontinued business rescue and ordered R&R Wholesalers and Distributors CC into final winding-up, rejecting a stay pending Competition Tribunal proceedings.

  • Business Rescue
  • Final Winding Up
  • Creditor Priority
  • Competition Tribunal Referral
  • Abuse Of Process
  • Business-rescue
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Commercial And Corporate [2017] ZAECPEHC 5

Quest Petroleum (Pty) Ltd v Le Grange NO and Others (3126/16)

Quest Petroleum (Pty) Ltd v Le Grange NO and Others (3126/16) [2017] ZAECPEHC 5 (24 January 2017)

The court upheld a petroleum supply agreement, ordered payment of arrears, and granted interim specific performance pending Competition Tribunal review.

  • Specific Performance
  • Exclusivity Clause
  • Vertical Restrictive Practices
  • Competition Tribunal Referral
  • Contract Enforcement
  • Specific-performance
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Competition Law [2013] ZAKZDHC 57

Astral Operations Ltd v Nambitha Distributors (Pty) Ltd; Astral Operations Ltd v O'Farrell N.O and Others (689/2013; 13794/2011)

Astral Operations Ltd v Nambitha Distributors (Pty) Ltd; Astral Operations Ltd v O'Farrell N.O and Others (689/2013; 13794/2011) [2013] ZAKZDHC 57; [2013] 4 All SA 598 (KZD) (15 October 2013)

High Court held a counterclaim seeking referral of competition issues and voiding of contractual clauses did not disclose a cause of action; exception upheld.

  • Prohibited Practices
  • Competition Tribunal Referral
  • Contractual Clauses Voiding
  • Restrictive Practices
  • Abuse Of Dominance
  • Price Discrimination
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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.