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Desert General Trading (Pty) Ltd and Another v Idada 324 (Pty) Ltd (44098/19) [2020] ZAGPPHC 701 (25 November 2020)
The court dismissed an exception to particulars of claim, finding the pleaded advisory contract disclosed a cause of action and was not shown to be an estate agency agreement.
Roux and Another v Magnolia Ridge Properties 197 (Pty) Ltd (EL556/2012, ECD1256/2012) [2015] ZAECELLC 1 (3 February 2015)
The court held that the estate agent partnership proved a mandate and effective cause of sale, awarding commission of R1 million plus VAT and costs.
Mothoa v S (CA39/2013) [2014] ZANWHC 64 (10 July 2014)
The court discharged a rule nisi and dismissed an urgent application to freeze R500,000 commission proceeds, finding no basis for anti-dissipation relief.
Cronimet Chrome Mining SA (Pty) Ltd and Others v Brodsky Trading 224 CC t/a Platinum Unlimited Estates, In re: Brodsky Trading 224 CC t/a Platinum Unlimited Estates v Nell and Others (851/12) [2013] ZASCA 155 (22 November 2013)
The Supreme Court of Appeal held that the high court's declaratory order regarding substantial compliance with the Estate Agents Act was not appealable. The order did not dispose of a substantial part of the relief claimed nor was it definitive of the rights of the parties, as the main issue—the applicability of the Act to the share transaction—remained unresolved and was not separated for determination. Even if the appeal succeeded on the fidelity fund certificate issue, the underlying dispute regarding the nature of the transaction and the commission claim would persist. The court adopted a…
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PGP Body Corp Administration CC v The Trustees of the body Corporate Club Kerkira (AR 403/11) [2012] ZAKZPHC 82 (26 October 2012)
High Court appeal on costs after ratification of an invalid resolution. The court held the appellant’s opposition was reasonable and set aside the adverse costs order.
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