Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Ekurhuleni Municipality and Another v Cebekhulu Probuild JV (37168/21) [2022] ZAGPPHC 1015 (7 December 2022)
The court stayed enforcement of an adjudicator’s decision pending a related Johannesburg High Court action on the lawfulness of terminating a joint venture contract.
Framatome v Eskom Holdings SOC Limited (43535/2019) [2020] ZAGPJHC 233 (30 September 2020)
The High Court refused to enforce an adjudicator’s decision under an NEC3 construction contract, finding the adjudicator in decision 11 had exceeded his jurisdiction.
Framatome v Eskom Holdings SOC Limited (43535/2019) [2020] ZAGPJHC 239; 2021 (2) SA 494 (GJ) (30 September 2020)
The court held that while the adjudicator's decision 7 was within jurisdiction and covered by the referral, decision 11 was not. The adjudicator in decision 11 answered a question not referred to him, thus exceeding his jurisdiction. The referral concerned the correctness of the project manager's assessment, not its timeliness. As a result, there is a clear and respectable case that decision 11 is invalid and unenforceable. The applicant's claims for payment and declaratory relief depend on the enforceability of decision 11, which the court declined to enforce pending arbitration. The court a…
Source excerpt
Group Five Construction (Pty) Ltd v Transnet SOC Limited (45879/2018) [2019] ZAGPJHC 328 (28 June 2019)
The High Court dismissed an application to enforce an adjudicator’s decision, holding that the adjudicator’s mandate had ended when the respondent refused an extension.
Stefanutti Stocks (Pty) Ltd v S8 Property (Pty) Ltd (20088/2013) [2013] ZAGPJHC 388 (23 October 2013)
The court held that the JBCC agreement and its adjudication rules clearly require that the adjudicator's decision is binding and enforceable as a contractual obligation, regardless of any notice of dissatisfaction or pending arbitration. The respondent's argument that the decision is not enforceable due to the notice of dissatisfaction or the termination of the agreement was rejected. The court found that the purpose of adjudication is to provide a speedy, interim resolution of disputes, and that the obligation to comply with the adjudicator's decision is not suspended by the initiation of ar…
Source excerpt
Stefanutti Stocks (Pty) Ltd v S8 Property (Pty) Ltd (20088/2013) [2013] ZAGPJHC 249 (23 October 2013)
The court held that the JBCC agreement and its adjudication rules clearly require the parties to give prompt effect to the adjudicator's decision, regardless of any notice of dissatisfaction or pending arbitration. The decision is binding and enforceable as a contractual obligation until it is revised by an arbitrator. The respondent's argument that only final awards are enforceable was rejected, as the agreement expressly provides for interim enforcement. The termination of the building agreement does not affect the enforceability of the adjudicator's decision, as parties may still adjust ac…
Source excerpt
Explore more
