Darryl Ackerman Attorneys v Bhawan and Another (2021/53620) [2022] ZAGPJHC 930 (23 November 2022)
Court
South Gauteng High Court, Johannesburg
Case number
2021/53620
Judge
Swanepoel AJ
The High Court dismissed a claim that two respondents were personally liable for a law firm’s debt to Eldo Telecommunications because the required payment was never made.
Anglogold Ashanti Limited v Fluor SA (Pty) Ltd (06/16296) [2008] ZAGPHC 181 (13 June 2008)
Court
High Courts - Gauteng
Case number
06/16296
Judge
Van Oosten
The court found that clause 5.1 of Fluor's tender documents, which excluded liability for damages except as set out in a definitive written contract, formed part of the agreement between the parties. Anglogold's representative was aware of the clause and, by commencing with the works and failing to expressly reject the clause, Anglogold acquiesced to its inclusion. The clause operated as a transitional provision pending finalisation of outstanding terms, and its duration extended until the alleged breach occurred. The court rejected Anglogold's argument for unlimited liability, finding that b…