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Louhan Civil (Pty) Ltd / High Point JV v ACL Group (Pty) Ltd (2152/2013) [2019] ZAFSHC 103 (27 June 2019)
The court assessed only quantum after liability had already been decided, and awarded damages for defective subcontract work, plus interest and costs.
Ochse v Matlala and Another (9278/2016) [2019] ZAGPJHC 118 (16 April 2019)
The court found that the respondents were aware of the court order and its requirements, and that they breached the order by continuing construction without complying with the specified heights for the boundary walls and basement level. The respondents failed to discharge the evidentiary burden to show absence of wilfulness or mala fides, as their affidavits did not seriously address the allegations of wilful default. The court rejected the respondents' arguments regarding measurement points and minor deviations, holding that exact compliance was required. The urgency of the matter was confir…
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