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South Africa decisions
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Van Reenen and Another v Heidi Homes (Pty) Ltd (A80/2023) [2024] ZAGPPHC 408 (23 April 2024)
The High Court upheld an appeal against summary judgment, finding the appellants had disclosed a bona fide defence about the terms of an estate agent’s mandate.
Phungo Incorporated v Thembisile Hani Local Municipality (4809/2019) [2023] ZAMPMHC 5 (15 February 2023)
The High Court dismissed an exception to particulars of claim in a contract-based legal-fees dispute, holding that the pleadings disclosed a cause of action.
Modiboa Attorneys Incorporated v De Klerk and Another (UM59/2022) [2022] ZANWHC 19 (14 July 2022)
The High Court discharged a rule nisi and struck an urgent ex parte application from the roll because the dispute had to go to arbitration under the contract.
Media24 (Pty) Ltd v Estate of late Deon Jean Du Plessis and Another (169/2017) [2017] ZASCA 168 (1 December 2017)
The Supreme Court of Appeal dismissed Media24’s appeal, holding that the independent expert’s share valuation did not contain a manifest error and remained binding.
Swanepoel v Joco Wildboerdery (Edms) Bpk (A903/2015) [2016] ZAWCHC 191 (14 December 2016)
The High Court upheld an appeal over a borehole drilling dispute, finding the mandate was to drill a new borehole near an old well and awarding payment.
Roux and Another v Magnolia Ridge Properties 197 (Pty) Ltd (EL556/2012, ECD1256/2012) [2015] ZAECELLC 1 (3 February 2015)
The court held that the estate agent partnership proved a mandate and effective cause of sale, awarding commission of R1 million plus VAT and costs.
Rusking Real Estate v Gaussian Resources (Pty) Ltd (6327/2008) [2011] ZAWCHC 82 (1 April 2011)
The High Court held that Rusking Real Estate, not Little Swift, contracted for commission on off-plan sales and awarded payment, interest, and costs.
Shoprite Holdings Limited v Oblowitz and Others (6474/02) [2005] ZAWCHC 2; [2006] 3 All SA 491 (C) (1 January 2005)
The court referred a dispute over an expert determination to oral evidence, ordered discovery, and held that delay and confidentiality objections did not bar the application.
Nash v Golden Dumps (Pty) Ltd. (44/85) [1985] ZASCA 6; [1985] 2 All SA 161 (A) (27 March 1985)
The Supreme Court of Appeal found that the letter of 19 September 1980 constituted both an employment contract and a separate mandate, with Nash's entitlement to 200 000 shares contingent upon the successful conclusion of negotiations abroad to secure working capital for the merger. Nash fulfilled this mandate by introducing Laing and Cruickshank, resulting in the underwriting agreement and rights issue. The Court held that the share option was not merely part of Nash's remuneration package but a reward for carrying out the mandate. The employment contract and the mandate were legally separab…
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