South Africa Case Law

Red Tree Capital (Pty) Ltd v Oosthuizen (20121/2021)

Red Tree Capital (Pty) Ltd v Oosthuizen (20121/2021) [2024] ZAWCHC 54 (19 February 2024)

Court

Western Cape High Court, Cape Town

Case number

20121/2021

Judge

Andrews

The court found that most issues identified for separation were already common cause, and the main dispute concerned whether the Plaintiff had properly pleaded a cause of action under the CPA. The court held that separation would not be convenient, as it would not expedite resolution, would result in duplication of evidence, increased costs, and potential delays due to appeals. The Plaintiff's alternative enrichment claim would remain even if the agreements were found void, and the evidence required for both separated and remaining issues would overlap. The court exercised its discretion to r…

Source excerpt

• Consumer Protection Act
• Fixed Term Agreements
• Separation Of Issues
• Demonstrable Benefit
• Cancellation Penalty

Sasfin Bank Limited v Innes Rupert Steenekamp t/a Innes Steenekamp Attorneys (2496/2022)

Sasfin Bank Limited v Innes Rupert Steenekamp t/a Innes Steenekamp Attorneys (2496/2022) [2023] ZAGPJHC 1479 (28 December 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2496/2022

Judge

Ternent AJ

Summary judgment was refused in a rental-agreement claim where the defendant raised a triable defence based on CPA cancellation and reasonable penalty.

• Cession Of Rights
• Locus Standi
• Consumer Protection Act
• Summary Judgment
• Fixed Term Agreements
• Summary-judgment