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South Africa Case Law

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Civil Procedure [2023] ZAGPJHC 917

Corex (Pty) Ltd v Shenzhen Poweroak Newener Co Ltd and Others (2023/071667)

Corex (Pty) Ltd v Shenzhen Poweroak Newener Co Ltd and Others (2023/071667) [2023] ZAGPJHC 917 (16 August 2023)

The High Court struck Corex’s urgent interdict application from the roll, holding it lacked jurisdiction over a Chinese respondent whose key acts occurred in China.

  • Jurisdiction Over Peregrinus
  • Exclusive Distribution Agreement
  • Interdictory Relief
  • Contract Performance Location
  • Jurisdiction-over-peregrinus
  • Interdictory-relief
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Commercial And Corporate [2018] ZAGPJHC 61

Trio Engineering Products Inc v Pilot Crushtec International (Pty) Ltd (16/16836)

Trio Engineering Products Inc v Pilot Crushtec International (Pty) Ltd (16/16836) [2018] ZAGPJHC 61; 2019 (3) SA 580 (GJ) (22 March 2018)

The court held that Pilot's second claim was not silent as to the duration of the agreement, as it was pleaded to be continuous and indefinite, thus not terminable on reasonable notice. The exception based on termination failed. Regarding the alternative claim, the court found that it was founded in delict, not contract, and that the business relationship between the parties gave rise to duties not repugnant to the contract, including duties not to compete unlawfully and not to misuse confidential information. The court held that sufficient facts were pleaded to support a duty of care and wro…

  • Exclusive Distribution Agreement
  • Termination Of Contract
  • Concurrent Liability
  • Unlawful Competition
  • Confidential Information
  • Quantification Of Damages
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Competition Law [2000] ZACT 27

Secotrade 72 (Pty) Ltd and Another and Hyundai Motor Distributors (Pty) Ltd (46/LM/Apr00)

Secotrade 72 (Pty) Ltd and Another and Hyundai Motor Distributors (Pty) Ltd (46/LM/Apr00) [2000] ZACT 27 (27 June 2000)

The Competition Tribunal approved Secotrade 72’s acquisition of Hyundai’s assets without conditions, finding no substantial lessening of competition in the relevant markets.

  • Large Merger Review
  • Market Share Analysis
  • Exclusive Distribution Agreement
  • Large-merger-review
  • Market-share-analysis
  • Exclusive-distribution-agreement
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Commercial And Corporate [1997] ZASCA 66

Mayibuye Centre- CD-ROM Publications v Workgroup Holdings (Pty) Ltd. (392/96)

Mayibuye Centre- CD-ROM Publications v Workgroup Holdings (Pty) Ltd. (392/96) [1997] ZASCA 66; ; [1998] 2 All SA 105 (A); (8 September 1997)

Summary judgment was restored where a distributor failed to show a bona fide defence to paying for minimum CD-ROM quantities under an exclusive distribution agreement.

  • Contractual Remedies
  • Exclusive Distribution Agreement
  • Interpretation Of Contracts
  • Minimum Purchase Commitment
  • Contract-interpretation
  • Summary-judgment
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.