South Africa Case Law

Walser Wine Projects (Pty) Ltd v Wine Machinery Group (Pty) Ltd (18693/2020)

Walser Wine Projects (Pty) Ltd v Wine Machinery Group (Pty) Ltd (18693/2020) [2024] ZAWCHC 439 (6 December 2024)

Court

Western Cape High Court, Cape Town

Case number

18693/2020

Judge

A Kantor

The court found that the plaintiff failed to prove on a balance of probabilities that the wine filler was defective due to improper pickling and passivation, or that iron or rust from the filler caused the oxidation and spoilage of the wines. Expert evidence established that iron acts only as a catalyst and does not cause oxidation unless oxygen is present, and the levels of iron detected in the wines were below internationally accepted limits. The plaintiff did not demonstrate that the rust observed was attributable to a manufacturing defect, nor did it establish the necessary causal link be…

Source excerpt

• Latent Defect
• Implied Warranty Of Quality
• Consequential Damages
• Causation
• Contractual Damages

Prinsloo v Cash Converters Centurion (Pty) Ltd (NCT/244019/2022/75(1)(b) NCA - Rule 34)

Prinsloo v Cash Converters Centurion (Pty) Ltd (NCT/244019/2022/75(1)(b) NCA - Rule 34) [2023] ZANCT 11 (2 February 2023)

Court

National Consumer Tribunal

Case number

NCT/244019/2022/75(1)(b) NCA – Rule 34

Judge

MC Peenze

The Tribunal refused condonation for a late leave application, finding the matter already decided by the Small Claims Court and outside its damages jurisdiction.

• Condonation
• Res Judicata
• Jurisdiction
• Consequential Damages
• Consumer Protection Act
• Res-judicata

Pienrox Investments CC v MEC for Health, Free State Province (4897/2018)

Pienrox Investments CC v MEC for Health, Free State Province (4897/2018) [2022] ZAFSHC 85 (26 April 2022)

Court

Free State High Court, Bloemfontein

Case number

4897/2018

Judge

AK RAMLAL

High Court lease dispute over notice, vacancy, and vandalism. The court held the tenant breached the lease by failing to give three months’ notice and awarded damages.

• Lease Termination
• Breach Of Contract
• Consequential Damages
• Notice Period
• Vandalism
• Apportionment Of Damages

De Beer v CAW Enterprise Solutions (Pty) Ltd t/a ACD CJ Kleyn's Auto Services (NCT/119746/2018/75(1)(b))

De Beer v CAW Enterprise Solutions (Pty) Ltd t/a ACD CJ Kleyn's Auto Services (NCT/119746/2018/75(1)(b)) [2020] ZANCT 16 (18 October 2020)

Court

National Consumer Tribunal

Case number

NCT/119746/2018/75(1)(b)

Judges

B Dumisa, P Beck, A Potwana

The Tribunal held that the repairer lacked express pre-authorisation to strip and diagnose the vehicle a second time, and disallowed storage fees.

• Consumer Protection Act
• Pre Authorization Of Repairs
• Storage Fees
• Consequential Damages
• Consumer-protection
• Pre-authorisation-of-repairs

Aristopix (Pty) Ltd v TFM Manufacturing (Pty) Ltd (EL1072/2014; ECD2372/2014)

Aristopix (Pty) Ltd v TFM Manufacturing (Pty) Ltd (EL1072/2014; ECD2372/2014) [2018] ZAECELLC 7 (26 March 2018)

Court

Eastern Cape High Court, East London Local Court

Case number

EL1072/2014; ECD2372/2014

Judge

Hartle

The court dismissed a claim for damages arising from alleged late delivery and defective modification of vehicles, finding the plaintiff failed to prove its asserted contract terms.

• Breach Of Contract
• Standard Terms And Conditions
• Manufacturer Warranty
• Onus Of Proof
• Consequential Damages
• Breach-of-contract

Weiss N.O and Another v Atlas Panelbeaters (Pty) Ltd (73425/2013)

Weiss N.O and Another v Atlas Panelbeaters (Pty) Ltd (73425/2013) [2015] ZAGPPHC 1041 (18 December 2015)

Court

North Gauteng High Court, Pretoria

Case number

73425/2013

Judge

D S Molefe

The court found that a contractual agreement existed between the plaintiffs and the defendant for the repair of the truck, regardless of the involvement of the insurer. The evidence established that the defendant failed to execute the repairs in a workmanlike manner, resulting in consequential damages not covered by the insurance policy. The principle of subrogation did not apply to bar the plaintiffs' claim for these damages, as the insurer only subrogates rights for indemnified losses. The plaintiffs provided sufficient evidence of defective repairs and resulting losses. The defendant's cou…

Source excerpt

• Breach Of Contract
• Consequential Damages
• Subrogation
• Separation Of Liability And Quantum
• Expert Evidence

De Swardt v House of Trucks (Edms) Bpk (143/05)

De Swardt v House of Trucks (Edms) Bpk (143/05) [2006] ZASCA 32; [2006] SCA 33 (RSA) (27 March 2006)

Court

Supreme Court of Appeal

Case number

143/05

Judges

Scott, Conradie, Cloete, Lewis, Van Heerden

The Supreme Court of Appeal found an oral contract to build fuel tankers and held that a one-year guarantee allowed recovery of damages flowing from breach.

• Oral Contract
• Guarantee
• Consequential Damages
• Breach Of Contract
• Oral-contract
• Contractual-guarantee