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South Africa decisions
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Nipro Medical South Africa (Pty) Ltd v Edison Renal and Dialysis Centre (Pty) Ltd (8444/2020) [2021] ZAGPPHC 406 (10 June 2021)
The High Court dismissed leave to appeal against summary judgment, finding no reasonable prospect of success and no proven triable defences.
Kleinfontein Spaar en Krediet Kooperatief Beperk v Schmitz (24801/2013) [2016] ZAGPPHC 944 (3 November 2016)
The court found that the loan agreement between the parties contained a comprehensive and binding arbitration clause, supported by a detailed dispute resolution procedure. The respondent initially insisted on arbitration and the applicant respected this, but the respondent later refused to cooperate, citing financial reasons rather than substantive grounds. The respondent's allegations of fraud and illegality were not substantiated by specific facts and did not establish that the contract was void ab initio or that the arbitration clause was invalid. The court distinguished the present case f…
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