South Africa Case Law

Rossgro Feed (Pty) Ltd v Van der Westhuizen (766/2021)

Rossgro Feed (Pty) Ltd v Van der Westhuizen (766/2021) [2023] ZALMPPHC 89 (28 September 2023)

Court

Limpopo High Court, Polokwane

Case number

766/2021

Judge

Kganyago

The court found that the defendant's special plea of compromise had no merit because the business rescue plan was not implemented and did not bind the liquidator. The defendant, as director of Procprops, placed orders for feed from the plaintiff knowing that Procprops had no credit facility and was not creditworthy. The defendant used Serfontein's account without authority and failed to clarify the arrangement or provide evidence to support his version. The defendant signed an acknowledgment of debt in both his personal and representative capacities, accepting liability should Procprops fail…

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• Reckless Trading
• Personal Liability Of Directors
• Acknowledgement Of Debt
• Business Rescue
• Compromise Of Claim
• Fraudulent Conduct

MEC for Education, Eastern Cape Province v Malao (CA229/2021)

MEC for Education, Eastern Cape Province v Malao (CA229/2021) [2023] ZAECMKHC 42 (14 March 2023)

Court

Eastern Cape High Court, Makhanda

Case number

CA229/2021

Judges

GH Bloem, JW Eksteen, A Govindjee

The court held that a settlement agreement compromised the employee’s claims for interest and costs on arrear salary, so a later application for them was barred.

• Settlement Agreement
• Interest On Arrears
• Costs Award
• Compromise Of Claim
• Settlement-agreement
• Compromise-of-claim

S.J.C v T.R.C (10837/2016; 19689/2016)

S.J.C v T.R.C (10837/2016; 19689/2016) [2022] ZAWCHC 257 (12 May 2022)

Court

Western Cape High Court, Cape Town

Case number

10837/2016; 19689/2016

Judge

P. S. Van Zyl

The respondent is in contempt of both the Rule 43 maintenance order and the pretrial directions issued by the court. His unilateral reduction of maintenance payments, refusal to reimburse reasonable medical and educational expenses, and failure to provide required documentation regarding alleged loan liabilities constitute wilful and bad faith non-compliance. The respondent's argument that the payment of R360,000 constituted a compromise is unsupported by evidence of consensus or communication of full and final settlement. The respondent failed to discharge the presumption of wilfulness and m…

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• Rule 43 Maintenance
• Contempt Of Court
• Pretrial Directions
• Arrear Maintenance
• Compromise Of Claim
• Punitive Costs

Courier-It S.A (Pty) Ltd v Frankees (Pty) Ltd and Another (17044/2020)

Courier-It S.A (Pty) Ltd v Frankees (Pty) Ltd and Another (17044/2020) [2021] ZAWCHC 138 (8 July 2021)

Court

Western Cape High Court, Cape Town

Case number

17044/2020

Judge

LG Nuku

The court found that the respondents failed to establish that the applicant's claim was compromised. The offer of R50,000 in full and final settlement, communicated by the first respondent, did not result in a binding compromise, as the applicant did not unequivocally accept the offer. The applicant's retention of the payment was permitted by the terms of the offer, which allowed for a refund but did not obligate it. The applicant's subsequent request for further information and reconciliation was inconsistent with acceptance of the compromise. The invoices rendered by the applicant were not…

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• Suretyship
• Compromise Of Claim
• Contractual Liability
• Motion Proceedings
• Interest A Tempore Morae

Transnet Group Capital v Khwela and Others (JR113/18)

Transnet Group Capital v Khwela and Others (JR113/18) [2019] ZALCJHB 335 (14 November 2019)

Court

Labour Court Johannesburg

Case number

JR113/18

Judge

GN Moshoana

The Labour Court held that a voluntary severance agreement did not compromise a pending unfair labour practice dispute, so the council kept jurisdiction.

• Unfair Labour Practice
• Compromise Of Claim
• Condonation
• Arbitration Jurisdiction
• Compromise-of-claim
• Unfair-labour-practice

Orange Riet Water Users Association (Pty) Ltd v PAWUSA obo Moolman (J633/2015)

Orange Riet Water Users Association (Pty) Ltd v PAWUSA obo Moolman (J633/2015) [2016] ZALCJHB 84 (25 February 2016)

Court

Labour Court Johannesburg

Case number

J633/2015

Judge

Ralehoko

The court found that the settlement agreement signed by Moolman, after the arbitration award was issued, constituted a compromise of his claim and superseded the award. Moolman had the opportunity to negotiate and understand the terms of the agreement, and his representative was duly mandated to act on his behalf. The agreement was not conditional upon Moolman being declared medically unfit, as no such provision was included in the written terms. Moolman could not unilaterally resile from the agreement after signing it, nor could he enforce the award while retaining benefits from the settleme…

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• Settlement Agreement
• Arbitration Award Enforcement
• Compromise Of Claim
• Writ Of Execution
• Mandate Of Union Representative

Retmil Financial Services (Pty) Ltd v Sanlam Life Insurance Comapany Ltd and Others (18779/12)

Retmil Financial Services (Pty) Ltd v Sanlam Life Insurance Comapany Ltd and Others (18779/12) [2013] ZAWCHC 65; [2013] 3 All SA 337 (WCC) (30 April 2013)

Court

Western Cape High Court, Cape Town

Case number

18779/12

Judge

D M Davis

The court held that Retmil, as cessionary, was entitled to receive payment of the policy proceeds but not to appropriate them to discharge the loan prematurely in the absence of default by the debtor. Retmil was not authorised, either expressly or tacitly, to settle the loan immediately upon the death of the cedent, nor to accept a reduced payment from Sanlam without proper regard for the interests of the estate. The executor, by virtue of the reversionary interest in the policy, was entitled and obliged to challenge the reduced payment and engage with Sanlam to protect the estate's interests…

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• Cession In Securitatem Debiti
• Life Policy Security
• Executor Rights
• Creditor Entitlement
• Compromise Of Claim
• Trust And Accountability

Fed Trade CC v Estcort Ltd (AR675/10)

Fed Trade CC v Estcort Ltd (AR675/10) [2011] ZAKZPHC 26 (10 June 2011)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR675/10

Judges

Lopes, Roberts, D Pillay

The High Court held that a reservation of rights did not undo acceptance of a compromise offer, and dismissed the appeal with costs.

• Compromise Of Claim
• Contractual Acceptance
• Interpretation Of Contract
• Onus Of Proof
• Compromise-of-claim
• Contractual-acceptance

Myhill NO v Road Accident Fund (09/30430)

Myhill NO v Road Accident Fund (09/30430) [2010] ZAGPJHC 174 (4 August 2010)

Court

South Gauteng High Court, Johannesburg

Case number

09/30430

Judge

P.A. Meyer

The High Court allowed an amendment in a claim seeking to avoid a minor’s compromise, finding the pleaded prejudice sufficient and postponing the trial sine die.

• Compromise Of Claim
• Curator Ad Litem
• Minor Prejudice
• Amendment Of Particulars
• Restitutio In Integrum
• Minor-compromise