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South Africa decisions
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Edelstein Farber Grobler INC v Neumann (66161/2012) [2025] ZAGPPHC 335 (28 March 2025)
The High Court dismissed an application for leave to appeal in a professional negligence dispute, finding no reasonable prospect of success and awarding costs.
K Seven Investments CC v Anchorprops 162 (Pty) Ltd and Others (Leave to Appeal) (1783/2022) [2025] ZAWCHC 102 (12 March 2025)
The court held that the plaintiff's grounds of appeal were impermissible as they were neither pleaded nor canvassed during the trial, and allowing them would prejudice the defendants. The fidelity fund certificate defence was properly raised by the defendants, and the plaintiff failed to discharge the onus or file a replication. The factual findings were based on common cause facts and the plaintiff's refusal to answer a material question. The plaintiff failed to establish any prospects of success on appeal. Although condonation for late filing was granted due to the defendants' non-oppositio…
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Neumann v Edelstein Farber Grobler Inc (66161/2012) [2025] ZAGPPHC 92 (5 February 2025)
The court held that the plaintiff was entitled to commission for the SARS-Eskom lease and set out a calculation method, reserving damages issues for later.
City and Atlantic Real Estate CC t/a Remax Living v Smith and Others (7118/2023) [2024] ZAWCHC 426 (13 December 2024)
The High Court held that RE/MAX Living was the effective cause of a property sale and ordered the sellers to pay its commission, despite later involvement by another agent.
K Seven Investments CC v Anchorprops 162 (Pty) Ltd and Others (1783/2022) [2024] ZAWCHC 293 (8 October 2024)
The High Court dismissed K Seven Investments CC’s claim for a fee, holding it acted as an estate agent without the required fidelity fund certificate.
Gilfillan v Renico Construction (Pty) Ltd (36734/2021) [2024] ZAGPPHC 241 (11 March 2024)
The High Court held that the plaintiff earned an estate-agent commission of R450,000 after introducing the property and securing the sale, with no proved term delaying payment until transfer.
Zwane v RZT Zelpy 4695 CC t/a Remax Central (A133/2022) [2023] ZAGPPHC 1979 (28 November 2023)
Appeal dismissed in an estate-agent commission dispute. The High Court held the agent was the effective cause of the lease and that alleged mandate termination did not defeat commission.
Property One Shop CC t/a Remax Kalahari v Snyman N.O and Others (493/2017) [2021] ZANCHC 3 (8 January 2021)
The court found that the plaintiff was mandated by the trust to sell the farms, as evidenced by correspondence, negotiations, and the terms of the first sale agreement, which expressly provided for payment of commission. The trust's conduct and communications confirmed the mandate and the intention to pay commission. The plaintiff was the effective cause of the sale, having introduced the purchaser and facilitated negotiations, and the subsequent sale was substantially similar to the initial transaction, involving the same properties with minor changes. The defendants failed to discharge the…
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Gaboinewe Investments (Pty) Ltd v Vardocap (Pty) Ltd (3246/2020) [2020] ZALMPPHC 99 (7 December 2020)
The court granted summary judgment for consulting and mandate fees under a written finance mandate, rejecting implied-term defences that contradicted the contract.
Pather v Wakefields Real Estate (Pty) Limited (AR82/2016) [2020] ZAKZPHC 16 (29 May 2020)
Appeal over commission for the sale of a house. The court found an oral mandate to the estate agent, held the agent was the effective cause, and dismissed the appeal with costs.
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