South Africa Case Law

Krohne (Pty) Ltd v Strategic Fuel Fund Association (476/2023)

Krohne (Pty) Ltd v Strategic Fuel Fund Association (476/2023) [2024] ZASCA 99 (14 June 2024)

Court

Supreme Court of Appeal

Case number

476/2023

Judges

Nicholls, Mothle, Molefe, Smith, Mbhele

The Supreme Court of Appeal held that the high court erred in dismissing the appellant's claim on a point in limine. The parties had agreed in the interim award that the findings of the independent expert would be final and binding. The SGS report constituted the cause of action, and the appellant's claim was founded on that report. The high court misconstrued the issue by focusing on the validity of the interim award rather than whether the SGS report satisfied the agreed condition precedent for payment. The interim award, as defined by the Arbitration Act, was valid, and the settlement agre…

Source excerpt

• Arbitration Act 42 Of 1965
• Enforcement Of Arbitral Award
• Settlement Agreement
• Expert Determination
• Cause Of Action
• Interim Award

Agile Capital Holdings (Pty) Ltd v 68 Melville Road Properties (Pty) Ltd (A5048/2022)

Agile Capital Holdings (Pty) Ltd v 68 Melville Road Properties (Pty) Ltd (A5048/2022) [2024] ZAGPJHC 396 (23 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A5048/2022

Judges

B. Vally, R. Strydom, B. Ford

The High Court dismissed an appeal over purchase-price adjustment, admitting a quantity surveyor’s calculation despite hearsay objections and rejecting a jurisdiction challenge.

• Contractual Interpretation
• Hearsay Evidence
• Expert Determination
• Admissibility Of Evidence
• Hearsay-evidence
• Expert-determination

Reckmann v Mabundla N.O. and Others (22734/2022)

Reckmann v Mabundla N.O. and Others (22734/2022) [2024] ZAGPJHC 370 (12 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

22734/2022

Judge

Francis

The High Court held that the shareholders agreement provided for expert determination, not arbitration, and dismissed a review of the expert’s rulings.

• Shareholders Agreement
• Expert Determination
• Arbitration Vs Expert
• Striking Out Defence
• Removal Of Expert
• Enforcement Of Expert Award

Lakes Forestry & Development CC v Cognad Properties CC (7689/2018)

Lakes Forestry & Development CC v Cognad Properties CC (7689/2018) [2024] ZAWCHC 45; [2024] 2 All SA 83 (WCC) (16 February 2024)

Court

Western Cape High Court, Cape Town

Case number

7689/2018

Judge

Francis J

The court held that an expert forestry determination was not binding, found the plaintiff in material breach for failing to clear 50 hectares of black wattle, and upheld cancellation.

• Specific Performance
• Breach Of Contract
• Expert Determination
• Forestry Operations
• Lex Commissoria
• Breach-of-contract

Steenbokpan Trust Herein Represented by Booysen (Junior) N.O and Another v Trout Trust (Pty) Ltd Represented by Smith N.O and Others (46321/2021)

Steenbokpan Trust Herein Represented by Booysen (Junior) N.O and Another v Trout Trust (Pty) Ltd Represented by Smith N.O and Others (46321/2021) [2023] ZAGPPHC 1176 (13 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

46321/2021

Judge

Sardiwalla

The High Court dismissed a review of an expert determination under a buy-and-sell agreement, holding the expert acted within the contractual mandate.

• Expert Determination
• Contractual Dispute Resolution
• Gross Irregularity
• Privity And Sanctity Of Contract
• Interpretation Of Contracts
• Expert-determination

Nepgen v Blake and Another

Nepgen v Blake and Another [2023] ZAGPPHC 492; 52270/2015 (30 June 2023)

Court

North Gauteng High Court, Pretoria

Case number

52270/2015

Judge

Fisher

The High Court dismissed a review of an expert auditor’s determination, holding that the consent order limited the auditor to accounting disputes only.

• Expert Determination
• Consent Order
• Partnership Liquidation
• Review Of Expert Decision
• Expert-determination
• Consent-order

Africas Best Foods (Pty) Ltd v Transpaco Packaging (Pty) Ltd (A3040/2022)

Africas Best Foods (Pty) Ltd v Transpaco Packaging (Pty) Ltd (A3040/2022) [2023] ZAGPJHC 474 (15 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A3040/2022

Judges

D Dosio, B Wanless

The High Court dismissed an appeal against a stay pending SABS expert determination, holding the order was not final and the appeal had become moot.

• Contractual Dispute Resolution Clause
• Stay Of Proceedings
• Expert Determination
• Appealability Of Interlocutory Orders
• Punitive Costs
• Appealability-of-orders

Services Sector Education and Training Authority v Amanz' Abantu Services (PTY) LTD and Another (3409/2022)

Services Sector Education and Training Authority v Amanz' Abantu Services (PTY) LTD and Another (3409/2022) [2022] ZAGPJHC 984 (5 December 2022)

Court

South Gauteng High Court, Johannesburg

Case number

3409/2022

Judge

A A Crutchfield

The court found that the applicant did not have a pending appeal or review, as AFSA lacked jurisdiction to appoint an appeal tribunal and the applicant had not brought a review of the expert's determination. The Supreme Court of Appeal has held that expert determinations are subject to review, not appeal, and the applicant failed to allege grounds for review. There was no ongoing dispute or pending procedure between the parties, and no compelling reason such as conflicting judgments was established. The applicant's concerns regarding injustice and security over movables were not exceptional a…

Source excerpt

• Leave To Appeal
• Stay Of Execution
• Expert Determination
• Arbitration Award
• Business Rescue

Makate v Joosub N.O and Another (57882/2019)

Makate v Joosub N.O and Another (57882/2019) [2022] ZAGPPHC 246 (11 April 2022)

Court

North Gauteng High Court, Pretoria

Case number

57882/2019

Judge

W Hughes

The High Court granted Vodacom leave to appeal, holding that a compelling reason existed about whether the judgment created uncertainty in applying the Bekker test.

• Leave To Appeal
• Expert Determination
• Review Proceedings
• Costs Order
• Contractual Interpretation
• Leave-to-appeal

Kingsgate Clothing (Pty) Ltd and Others v Edcon Limited and Others (57045/2020)

Kingsgate Clothing (Pty) Ltd and Others v Edcon Limited and Others (57045/2020) [2021] ZAGPPHC 769 (15 November 2021)

Court

North Gauteng High Court, Pretoria

Case number

57045/2020

Judge

E van der Schyff

The High Court dismissed a review of an expert determination in business rescue, holding that no manifest error was shown in the interpretation of the EMSA.

• Business Rescue
• Contract Interpretation
• Manifest Error Exception
• Reservation Of Ownership
• Expert Determination
• Costs Order