South Africa Case Law

Reef Caterers (Pty) Ltd v Vaal Christian School NPC (1645/2024)

Reef Caterers (Pty) Ltd v Vaal Christian School NPC (1645/2024) [2024] ZAFSHC 349 (7 November 2024)

Court

Free State High Court, Bloemfontein

Case number

1645/2024

Judge

Loubser

The court held that the plaintiff was entitled to rely on allegations in its replication and annexures for the purposes of summary judgment, as the application was filed simultaneously with the replication and not as a subsequent procedural step. The defendant failed to disclose a bona fide defence, as its allegations of breach were not supported by contemporaneous correspondence or communications. The evidence showed that the defendant's inability to pay was due to its own financial constraints, not any breach by the plaintiff. The existence of a potential counterclaim did not preclude summa…

Source excerpt

• Summary Judgment
• Contractual Breach
• Defective Performance
• Counterclaim
• Rule 32 Procedure

Louw NO and Another v Botes (MG2/2012)

Louw NO and Another v Botes (MG2/2012) [2013] ZANWHC 52 (7 June 2013)

Court

North West High Court, Mafikeng

Case number

MG2/2012

Judges

A M Kgoele, R D Hendricks

High Court appeal over a defective irrigation pivot was dismissed; the court upheld the trial court’s findings on liability and damages.

• Lease Agreement
• Defective Performance
• Quantum Of Damages
• Negative Interesse
• Lease-agreement
• Defective-performance

Trustees vir tyd en Wyl van Amm Claassens Trust v PBD Boeredienste (Edms) Bpk (A135/12)

Trustees vir tyd en Wyl van Amm Claassens Trust v PBD Boeredienste (Edms) Bpk (A135/12) [2012] ZAFSHC 241 (14 December 2012)

Court

Free State High Court, Bloemfontein

Case number

A135/12

Judges

Rampai, Thamage

Appeal over alleged defective fertiliser delivery and contract terms failed; the court held the appellant was bound by the order conditions and the respondent proved proper performance.

• Sale Of Goods
• Defective Performance
• Contractual Terms
• Quantis Minoris
• Caveat Subscriptor
• Sale-of-goods

Sandberg Transport Bk t/a Sandberg v African Truck Accident Repairs (Edms) Bpk t/a Hermans Truck Accident Repairs (3523/2006)

Sandberg Transport Bk t/a Sandberg v African Truck Accident Repairs (Edms) Bpk t/a Hermans Truck Accident Repairs (3523/2006) [2009] ZAGPPHC 13 (25 March 2009)

Court

North Gauteng High Court, Pretoria

Case number

3523/2006

Judge

C Botha

High Court damages claim for defective truck repairs and consequential loss succeeded, with the defendant ordered to pay both claims plus High Court-scale costs.

• Breach Of Contract
• Defective Performance
• Quantification Of Damages
• Consequential Loss
• Interest On Judgment
• Costs Award