South Africa Case Law

Mineral-Loy (Pty) Ltd v Highveld Steel and Vanadium Corporation Limited and Another (A135/2021)

Mineral-Loy (Pty) Ltd v Highveld Steel and Vanadium Corporation Limited and Another (A135/2021) [2025] ZAGPPHC 39 (23 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

A135/2021

Judges

E van der Schyff, S.A.M. Baqwa, M.P.N. Mbongwe

The court held that claim 1.1 had prescribed because Mineral-Loy had sufficient knowledge of the debtor's identity and the facts giving rise to the debt by June 2008, as evidenced by its conduct and pleadings. Mineral-Loy failed to raise the identity argument in replication and did not lack knowledge sufficient to institute action. Regarding claim 2, the court found that Mineral-Loy failed to prove and quantify its damages, as it did not provide factual evidence of its profit margin or commission entitlement, nor did it lead customer evidence. The absence of documentary proof and reliance on…

Source excerpt

• Distribution Agreement
• Prescription Act
• Quantification Of Damages
• Costs Award
• Rule 34 Uniform Rules
• Breach Of Contract

Win Systems D.O.O. (Formerly Named Gold Club Gaming D.O.O) v DRGT Africa (Pty) Ltd (Formerly Named Simplicit-e Gaming Solutions (Pty) Ltd (8861/2021)

Win Systems D.O.O. (Formerly Named Gold Club Gaming D.O.O) v DRGT Africa (Pty) Ltd (Formerly Named Simplicit-e Gaming Solutions (Pty) Ltd (8861/2021) [2022] ZAGPPHC 316 (12 May 2022)

Court

North Gauteng High Court, Pretoria

Case number

8861/2021

Judge

R G Tolmay

The High Court partially upheld an exception to particulars of claim, ordering amendment where invoices, credit notes, and informal agreement reliance were insufficiently pleaded.

• Exception Procedure
• Distribution Agreement
• Variation Of Contract
• Vague And Embarrassing Pleading
• Cession And Assignment
• Contractual Damages

Cell C Service Provider Company (Pty) Ltd v NZ Foods (Pty) Ltd (6808/2019)

Cell C Service Provider Company (Pty) Ltd v NZ Foods (Pty) Ltd (6808/2019) [2021] ZALMPPHC 10 (11 March 2021)

Court

Limpopo High Court, Polokwane

Case number

6808/2019

Judge

Kganyago

The High Court ordered NZ Foods into final liquidation after finding its alleged dispute of Cell C’s debt was not bona fide or reasonably grounded.

• Winding Up Of Company
• Creditor S Claim
• Bona Fide Dispute
• Tacit Contract
• Distribution Agreement
• Winding-up

Eco Tabs Gauteng (Pty) Ltd v Eco Tabs Africa (Pty) Ltd and Another (3212/2019)

Eco Tabs Gauteng (Pty) Ltd v Eco Tabs Africa (Pty) Ltd and Another (3212/2019) [2020] ZAMPMBHC 14 (17 June 2020)

Court

Mbombela High Court, Mpumalanga

Case number

3212/2019

Judge

Kgoele

The court found that the respondents, both the company and its sole director, were aware of the Court Order and intentionally disobeyed its terms by contacting the applicant's clients and interfering with its business relationships. The respondents' explanations for their conduct were unconvincing and did not establish a reasonable doubt as to wilfulness or mala fides. The court held that service on the attorney of record was sufficient under the circumstances and that the joinder of the second respondent was proper given his direct involvement. The requirements for contempt were satisfied be…

Source excerpt

• Contempt Of Court
• Distribution Agreement
• Exclusive Distributorship
• Director Liability

Mineral-Loy (Pty) Ltd v Highveld Steel & Vanadium and Another (34312/10)

Mineral-Loy (Pty) Ltd v Highveld Steel & Vanadium and Another (34312/10) [2018] ZAGPPHC 853 (11 December 2018)

Court

North Gauteng High Court, Pretoria

Case number

34312/10

Judge

C J van der Westhuizen

The court dismissed a Rule 35(3) application to compel further discovery, finding the requested documents were not shown to be relevant to the remaining issues.

• Discovery Of Documents
• Distribution Agreement
• Waiver
• Estoppel
• Relevance Of Evidence
• Discovery-of-documents

Transalloys (Pty) Ltd v Mineral-Loy (Pty) Ltd (781/2016)

Transalloys (Pty) Ltd v Mineral-Loy (Pty) Ltd (781/2016) [2017] ZASCA 95 (15 June 2017)

Court

Supreme Court of Appeal

Case number

781/2016

Judges

Navsa, Theron, Wallis, Petse, Zondi

The SCA held that variation and waiver defences were res judicata for the commission and repudiation claims, but not for the separate AMT claim.

• Res Judicata
• Issue Estoppel
• Distribution Agreement
• Variation Of Contract
• Waiver Of Rights
• Res-judicata

Areff International Ltd v Wild Elements Apparel (Pty) Ltd (21495/15; 21496/15)

Areff International Ltd v Wild Elements Apparel (Pty) Ltd (21495/15; 21496/15) [2017] ZAGPPHC 210 (25 May 2017)

Court

North Gauteng High Court, Pretoria

Case number

21495/15; 21496/15

Judge

Molopa-Sethosa

The High Court ordered payment of two admitted debts and refused to delay enforcement pending an unproven counterclaim, which it found unsupported and inadmissible.

• Distribution Agreement
• Counterclaim
• Stay Of Proceedings
• Payment Of Debt
• Stay-of-proceedings
• Admitted-debt

Mineral-Loy (Pty) Ltd v Higveld Steel & Vanadium Corporation Ltd and Another (34312/2010)

Mineral-Loy (Pty) Ltd v Higveld Steel & Vanadium Corporation Ltd and Another (34312/2010) [2016] ZAGPPHC 587 (16 May 2016)

Court

North Gauteng High Court, Pretoria

Case number

34312/2010

Judge

Janse van Nieuwenhuizen

The court held that the issues regarding the precise terms and conditions of the distribution agreement, including the period after December 2006, were finally adjudicated by Bertelsmann J. The second defendant's failure to raise the December 2006 amendment as a defence during the initial trial is fatal, and it cannot now seek to revisit those findings. The principle of res judicata, as extended through issue estoppel, applies to prevent the second defendant from raising new defences that would require re-litigation of matters already decided. The plea of waiver is similarly barred, as it wou…

Source excerpt

• Res Judicata
• Issue Estoppel
• Contract Variation
• Waiver
• Distribution Agreement
• Damages

Sindat Spol S.R.O v Euro Diamond Products CC (05957/2014)

Sindat Spol S.R.O v Euro Diamond Products CC (05957/2014) [2015] ZAGPJHC 284 (10 December 2015)

Court

South Gauteng High Court, Johannesburg

Case number

05957/2014

Judge

F Kathree-Setiloane

The High Court granted provisional sentence on four bills of exchange, rejecting the defendant’s procedural and substantive defences.

• Bills Of Exchange
• Distribution Agreement
• Documents Against Payment
• Provisional Sentence
• Endorsement Requirements
• Provisional-sentence

Rossgro Chickens (Pty) Ltd v Cold Chain (Pty) Ltd (11563/2011)

Rossgro Chickens (Pty) Ltd v Cold Chain (Pty) Ltd (11563/2011) [2014] ZAGPPHC 258 (24 April 2014)

Court

North Gauteng High Court, Pretoria

Case number

11563/2011

Judge

D S Fourie

The court dismissed most of a supplier’s claim under a distribution agreement, finding no proven amendment for direct deliveries and awarding only admitted and proven amounts.

• Distribution Agreement
• Contract Modification
• Burden Of Proof
• Returns Policy
• Commission Dispute
• Contract-modification