Standard Bank of South Africa Limited v Troskie Consultants (Pty) Ltd and Another (2023/012036) [2025] ZAGPJHC 664 (8 July 2025)
Court
South Gauteng High Court, Johannesburg
Case number
2023/012036
Judge
T Engelbrecht
The court found that the applicant and first respondent entered into seven instalment sale agreements, which the first respondent breached by failing to make payments. The respondent’s defence that the applicant’s omission of VAT numbers and addresses caused SARS to reject VAT claims, thereby making performance impossible, was rejected. The agreements did not make payment conditional on VAT refunds, and the respondent was responsible for ensuring correct information was included. The court held that any impossibility was subjective and self-created, not objective. Payments were made for a sub…
Ross and Another v Nedbank Limited (Leave to Appeal) (10029/2020) [2025] ZAGPJHC 623 (20 June 2025)
Court
South Gauteng High Court, Johannesburg
Case number
10029/2020
Judge
Moosajee
The High Court dismissed the Ross applicants’ leave-to-appeal and condonation applications, finding no reasonable apprehension of bias and no reasonable prospects of success.
Mgiba v Passenger Rail Agency of South Africa (49615/2015) [2025] ZAGPPHC 607 (17 June 2025)
Court
North Gauteng High Court, Pretoria
Case number
49615/2015
Judge
Millar
The High Court dismissed a commuter’s claim for a train-station injury, finding the plaintiff had not proved his version on a balance of probabilities.
Williams v Beyerskloof Wine Bar (Pty) Ltd (16561/20) [2025] ZAWCHC 240 (29 May 2025)
Court
Western Cape High Court, Cape Town
Case number
16561/20
Judge
Mantame
The High Court held a restaurant liable after a diner swallowed a needle-like object in food, applying res ipsa loquitur and finding negligence and causation.
Standard Bank of South Africa Limited v Troskie Consultants (Pty) Ltd and Another (2023/012036) [2025] ZAGPJHC 504 (26 May 2025)
Court
South Gauteng High Court, Johannesburg
Case number
2023/012036
Judge
Engelbrecht
The court found that the Applicant and First Respondent entered into seven instalment sale agreements, which the First Respondent breached by failing to make payments. The Respondent’s defence, based on alleged omissions of VAT numbers and addresses by the Applicant, was rejected. The agreements did not contain terms making payment contingent on VAT refunds, nor did they require the Applicant to ensure VAT compliance for the Respondent’s benefit. The Respondent was responsible for ensuring its own VAT information was correctly included. The court held that any impossibility to perform was sub…
Ramotshekisi v Passenger Rail Agency of South Africa (7815/2015) [2025] ZAGPPHC 450 (6 May 2025)
Court
North Gauteng High Court, Pretoria
Case number
7815/2015
Judge
Botsi-Thulare
The plaintiff's application to amend his pleadings was refused because it was brought too late in the proceedings, with no reasonable explanation for the delay, and was not made in good faith. The contradiction between 'pushed' and 'pulled' was not a material fact affecting the cause of action, which was based on the defendant's alleged negligence in operating the train with open doors. The defendant's application for absolution from the instance was refused because the plaintiff had established a prima facie case of negligence; the contradiction in his evidence was not material to the pleade…