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South Africa decisions
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Lubisi / GMH Joint Venture v SMC Enterprise 2 CC (2357/2022) [2025] ZAMPMBHC 1 (22 January 2025)
The High Court held that SMC Enterprise failed to prove payment of the Joint Venture’s invoices and ordered it to pay the outstanding R784,875 plus interest and costs.
Smanda Security Services Pty (Ltd) v Free State Development Corporation (1589/2020) [2020] ZAFSHC 203 (12 November 2020)
The court found that the respondent failed to pay the amounts claimed by the applicant under the contract, despite acknowledging indebtedness and making only sporadic payments. The respondent's alleged damages and disputes regarding guard deployment did not constitute a genuine dispute of fact, as the evidence showed continued indebtedness. The Plascon Evans rule was applied, and the respondent's denials were found to be bald and insufficient to preclude final relief. The applicant was entitled to payment of the outstanding sum, less amounts agreed in mediation and disputed reductions. Costs…
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MPS Consulting engineering and Town Planners (Pty) Ltd v Archi-M Architects CC (873/2013) [2013] ZAFSHC 82 (16 May 2013)
The court granted summary judgment for unpaid professional fees, finding the defendant had not shown a bona fide defence and had not proved waiver or variation.
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