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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 7

RSC Avelo (Pty) Ltd v Trencon Construction (Pty) Ltd and Another (2022/057553)

RSC Avelo (Pty) Ltd v Trencon Construction (Pty) Ltd and Another (2022/057553) [2025] ZAGPJHC 7 (12 January 2025)

The High Court enforced an arbitration award and held that interest on late certification of escalation amounts was payable under the subcontract, compounded monthly.

  • Arbitration Act Section 31
  • Arbitration Award Enforcement
  • Contractual Interest
  • Interpretation Of Awards
  • Compound Interest
  • Default Interest
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Civil Procedure [2024] ZAKZPHC 128

Halle v Downs and Another (AR111/23)

Halle v Downs and Another (AR111/23) [2024] ZAKZPHC 128 (30 August 2024)

The court held that the appellant failed to establish that the judgment was void ab origine or obtained by fraud or mistake common to the parties. The settlement agreement was properly recorded, and the requirements for judgment under rule 27(9) were met. The appellant was represented by counsel when judgment was granted, so it was not a default judgment. The appellant did not provide proof that the judgment debt, interest, and costs were paid in full, nor did she apply for condonation for late filing. The claims for collection commission above 10% were justified due to VAT, and while compoun…

  • Rescission Of Judgment
  • Magistrates Court Rules
  • Settlement Agreement Enforcement
  • Condonation
  • Compound Interest
  • Collection Commission
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Labour Law [2023] ZALCCT 48

Coetzee and Others v MEC for the Department of Health, Western Cape Provincial Government and Others (C 276/2021)

Coetzee and Others v MEC for the Department of Health, Western Cape Provincial Government and Others (C 276/2021) [2023] ZALCCT 48; (2024) 45 ILJ 104 (LC) (8 August 2023)

The Labour Court held that interest on unpaid allowances under a collective agreement was not capped by the in duplum rule and was payable as simple interest.

  • Collective Agreement Enforcement
  • Interest On Awards
  • In Duplum Rule
  • Mora Interest
  • Compound Interest
  • Arbitration Award Compliance
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Civil Procedure [2023] ZAGPJHC 1116

Standard Bank of South Africa Limited v Bamboo Rock Construction (Pty) Limited and Others (21/43033)

Standard Bank of South Africa Limited v Bamboo Rock Construction (Pty) Limited and Others (21/43033) [2023] ZAGPJHC 1116 (17 February 2023)

The High Court dismissed most exceptions to Standard Bank’s amended claim, but upheld the guarantee defendants’ exception for failure to plead notice required before specific performance.

  • Exception Procedure
  • Compound Interest
  • Guarantee Liability
  • Contractual Interpretation
  • Certificate Of Balance
  • Oral Agreement Terms
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Civil Procedure [2022] ZAKZPHC 69

Private Security Sector Provident Fund v Isidingo Security Services (t/a Unitrade (Pty) Ltd ) (3048/2021P)

Private Security Sector Provident Fund v Isidingo Security Services (t/a Unitrade (Pty) Ltd ) (3048/2021P) [2022] ZAKZPHC 69 (14 June 2022)

The High Court held that the fund’s claim for late payment interest had prescribed and could not be enforced, so it did not decide the in duplum issue.

  • Prescription Of Debt
  • In Duplum Rule
  • Provident Fund Contributions
  • Compound Interest
  • Acknowledgment Of Debt
  • Prescription-of-debt
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Civil Procedure [2021] ZASCA 150

Rand West City Local Municipality v Quill Associates (Pty) Ltd and Another (497/20)

Rand West City Local Municipality v Quill Associates (Pty) Ltd and Another (497/20) [2021] ZASCA 150 (26 October 2021)

The Supreme Court of Appeal held that the writ of execution issued at the instance of Quill Associates was not in accordance with the trial court's order. The trial court did not grant compound interest or VAT, nor did it specify that interest should run from the date of summons. The Registrar's issuance of the writ did not constitute administrative action under PAJA and was not susceptible to review on that basis. The writ was therefore liable to be set aside, and the first respondent was ordered to pay the costs of the application.

  • Writ Of Execution
  • Copyright Infringement
  • Mora Interest
  • Compound Interest
  • Value Added Tax
  • Promotion Of Administrative Justice Act
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Civil Procedure [2021] ZAGPJHC 622

DNI Financial Services (Pty) Ltd v Morningside Three of Erf One Three Four Three CC and Others (43577/2019)

DNI Financial Services (Pty) Ltd v Morningside Three of Erf One Three Four Three CC and Others (43577/2019) [2021] ZAGPJHC 622 (8 May 2021)

The High Court refused summary judgment in a loan-recovery claim, finding the respondents’ simulation defence and related disputes required oral evidence.

  • Summary Judgment
  • Simulated Transaction
  • Suretyship
  • Compound Interest
  • Companies Act Compliance
  • Summary-judgment
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Civil Procedure [2020] ZAGPPHC 486

Bella Vue Farms (Pty) Ltd v Briet (35314/2019)

Bella Vue Farms (Pty) Ltd v Briet (35314/2019) [2020] ZAGPPHC 486 (31 August 2020)

The High Court granted leave to appeal after finding reasonable prospects that another court may differ on the loan agreement, compound interest, and costs order.

  • Leave To Appeal
  • Loan Agreement Interpretation
  • Compound Interest
  • Costs Award
  • Leave-to-appeal
  • Loan-agreement-interpretation
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Civil Procedure [2020] ZAGPPHC 99

Rand West City Local Municipality v Quill Associates (Pty) Ltd and Another (72470/2018)

Rand West City Local Municipality v Quill Associates (Pty) Ltd and Another (72470/2018) [2020] ZAGPPHC 99; [2020] 2 All SA 921 (GP); 2020 (5) SA 626 (GP) (16 April 2020)

The court held that the Registrar's decision to issue the writ of execution was not susceptible to review under PAJA, as the Registrar acted in accordance with the evidence and the court's judgment. The First Respondent was entitled to claim interest a tempore morae from the date of service of summons, as prescribed by the Interest Act, and the rate of 15.5% per annum was applicable. Compound interest was permissible in the circumstances, as the First Respondent suffered further damages due to delayed payment. VAT was found to be payable on the judgment amount, as the award constituted income…

  • Writ Of Execution
  • Interest Calculation
  • Value Added Tax
  • Copyright Infringement
  • Compound Interest
  • Review Of Administrative Action
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Civil Procedure [2020] ZAGPPHC 327

Rand West City Local Municipality v Quill Associates (Pty) Ltd and Another (72470/2018)

Rand West City Local Municipality v Quill Associates (Pty) Ltd and Another (72470/2018) [2020] ZAGPPHC 327 (9 April 2020)

The High Court granted leave to appeal against an order dismissing the matter, finding that several novel issues raised reasonable prospects of success on appeal.

  • Leave To Appeal
  • Copyright Infringement
  • Interest A Tempore Morae
  • Compound Interest
  • Promotion Of Administrative Justice Act
  • Attachment Of Bank Account
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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.