South Africa Case Law

Abb South Africa (Pty) Ltd and Another v Leago EPC (Pty) Ltd (22278/2019)

Abb South Africa (Pty) Ltd and Another v Leago EPC (Pty) Ltd (22278/2019) [2022] ZAGPJHC 225 (13 April 2022)

Court

South Gauteng High Court, Johannesburg

Case number

22278/2019

Judge

M.L. Senyatsi

High Court exception judgment on a contractual dispute: the particulars of claim were found vague, embarrassing, and lacking a pleaded cause of action.

• Exceptions To Particulars Of Claim
• Vague And Embarrassing Pleading
• Declaratory Relief
• Contractual Relationships
• Cause Of Action
• Jurisdiction Under Superior Courts Act

Davmark Calendars (Pty) Ltd and Another v Ipex Holdings (Pty) Ltd (12989/2014)

Davmark Calendars (Pty) Ltd and Another v Ipex Holdings (Pty) Ltd (12989/2014) [2015] ZAGPJHC 60 (28 February 2015)

Court

South Gauteng High Court, Johannesburg

Case number

12989/2014

Judge

C Hartford

The court dismissed exceptions to a claim based on alleged compromise and a delictual claim for pure economic loss, holding the issues were not suited to final determination on exception.

• Exception To Particulars Of Claim
• Compromise And Settlement
• Pure Economic Loss
• Wrongfulness
• Negligence
• Contractual Relationships

National Horse Racing Authority of Southern Africa v Naidoo and Another (AR.254/08)

National Horse Racing Authority of Southern Africa v Naidoo and Another (AR.254/08) [2009] ZAKZHC 6; 2010 (3) SA 182 (N) (23 February 2009)

Court

High Courts - Kwazulu Natal

Case number

AR.254/08

Judge

Wallis

The court held that, even assuming the respondent was entitled to challenge the Board of Enquiry's decision by way of a rationality review under PAJA, the sanction of warning off was rational and justified. The Board's inference that Mr Naidoo's possession of substantial quantities of prohibited drugs was for an improper purpose was inevitable given his failure to provide a credible explanation and his dishonest conduct. The Board did not convict him of an unstated offence but drew reasonable inferences from the facts and convictions. The proceedings were not procedurally unfair, as the respo…

Source excerpt

• Promotion Of Administrative Justice Act
• Rationality Review
• Disciplinary Proceedings
• Natural Justice
• Contractual Relationships

Gerber v Denel (Pty) Ltd (J2175/98)

Gerber v Denel (Pty) Ltd (J2175/98) [2002] ZALC 131 (15 March 2002)

Court

Labour Court

Case number

J2175/98

Judge

E Revelas

The Labour Court held that the applicant was an employee, not a subcontractor, and dismissed the respondent’s point in limine.

• Definition Of Employee
• Contractual Relationships
• Estoppel
• Retrenchment
• Tax Directives
• Employee-status