South Africa Case Law

Bapedi and Associates CC v Tusk Construction Support Services (Pty) Ltd and Another (47218/2020)

Bapedi and Associates CC v Tusk Construction Support Services (Pty) Ltd and Another (47218/2020) [2021] ZAGPPHC 630 (27 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

47218/2020

Judge

Strydom

The court found that the NEC3 standard terms and conditions were expressly incorporated by reference in the tender documents and contract data, and the applicant was made aware of where to obtain the full contract. The applicant acted in accordance with the NEC3 contract during the project, including submitting claims and notices under its provisions. The fact that the applicant did not sign the standard terms was immaterial, as the contract documents clearly incorporated them and the applicant demonstrated the necessary intention to be bound. The applicant's referral to adjudication was made…

Source excerpt

• Contractual Incorporation By Reference
• Time Barred Claims
• Adjudication Vs Arbitration
• Repudiation And Termination

Rebosis Properties Fund Ltd v Guoping Wu t/a Lee Fashion (3790/2016)

Rebosis Properties Fund Ltd v Guoping Wu t/a Lee Fashion (3790/2016) [2016] ZAECGHC 76 (23 August 2016)

Court

Eastern Cape High Court, Grahamstown

Case number

3790/2016

Judge

Pickering

An urgent eviction application succeeded after the tenant’s lease was cancelled for material breach, mainly non-payment of rent and charges.

• Eviction
• Lease Agreement Breach
• Non Payment Of Rent
• Contractual Incorporation By Reference
• Iustus Error
• Non Variation Clause