South Africa Case Law

Omnia Group Proprietary Limited t/a Omnia Fertilizer v Foskor Proprietary Limited (74266/17)

Omnia Group Proprietary Limited t/a Omnia Fertilizer v Foskor Proprietary Limited (74266/17) [2019] ZAGPPHC 220 (13 June 2019)

Court

North Gauteng High Court, Pretoria

Case number

74266/17

Judge

Khumalo

The High Court upheld Omnia’s exception and struck out Foskor’s conditional enrichment counterclaim, holding it was unsustainable on the same facts as the main claim.

• Excessive Pricing
• Unjustified Enrichment
• Competition Tribunal Orders
• Contract Illegality
• Specific Performance
• Unjustified-enrichment

Parow Motorhandelaars (Pty) Ltd v Parker (17638/2012)

Parow Motorhandelaars (Pty) Ltd v Parker (17638/2012) [2014] ZAWCHC 122 (18 August 2014)

Court

Western Cape High Court, Cape Town

Case number

17638/2012

Judge

Binns-Ward

The court found that the credit agreement was structured to disguise a substantial initiation fee as part of the capital loan, in direct contravention of the National Credit Act and its regulations. The fee far exceeded the statutory maximum and was not disclosed as required, undermining the Act’s objectives of consumer protection, transparency, and fairness. The contract’s formulation constituted fraud on the Act and materially frustrated its purposes. Severance was not appropriate, as it would result in a contract fundamentally different from that intended by the parties. The agreement was…

Source excerpt

• National Credit Act
• Initiation Fee
• Contract Illegality
• Severability
• Condictio Ob Turpem
• Consumer Protection