South Africa Case Law

Attacq Waterfall Investment Company (Pty) Ltd v Pocket 3 and Pocket 24 on Portion 1 of the Waterfall Farm 5 (LM090Sep23)

Attacq Waterfall Investment Company (Pty) Ltd v Pocket 3 and Pocket 24 on Portion 1 of the Waterfall Farm 5 (LM090Sep23) [2023] ZACT 79 (4 December 2023)

Court

Competition Tribunal

Case number

LM090Sep23

Judges

AW Wessels, T Vilakazi, G Budlender

The Competition Tribunal unconditionally approved Attacq Waterfall Investment Company’s merger to increase its share in development rights for two Waterfall Farm land parcels.

• Large Merger Review
• Horizontal Overlap
• Public Interest Employment
• Black Economic Empowerment
• Industrial Property Market
• Development Rights

Harbour Arch Investment Holdings (Pty) Ltd v Capital Propfund 4 (Pty) Ltd (437/2020)

Harbour Arch Investment Holdings (Pty) Ltd v Capital Propfund 4 (Pty) Ltd (437/2020) [2021] ZASCA 108 (5 August 2021)

Court

Supreme Court of Appeal

Case number

437/2020

Judges

Petse, Dambuza, Mbatha, Potterill, Poyo-Dlwati

The Supreme Court of Appeal held that the payment obligation under clause 18.3 of the leases assignment agreement did not survive the appellant's acquisition of ownership of the property. The Court found that the intention of the parties, as reflected in the agreement, was that the payment obligation was linked to the status of the appellant as sub-lessee under the land lease. Once the appellant became the owner, its rights and obligations as sub-lessee were extinguished by merger (confusio), and the development rights now flowed from ownership, not the lease. The respondent's argument that t…

Source excerpt

• Lease Assignment
• Merger Of Rights
• Contractual Interpretation
• Payment Obligation
• Confusio
• Development Rights

Ibuyile Development Consortium and Another v Premier of Western Cape and Others (1204/12)

Ibuyile Development Consortium and Another v Premier of Western Cape and Others (1204/12) [2012] ZAWCHC 204 (19 March 2012)

Court

Western Cape High Court, Cape Town

Case number

1204/12

Judge

S.J. Koen

The High Court dismissed an urgent application to interdict housing tenders at Delft Symphony, finding the applicants’ claimed construction rights too uncertain.

• Interim Interdict
• Development Rights
• Housing Provision
• Balance Of Convenience
• Constitutional Right To Housing
• Standing Of Partnership