South Africa Case Law

Desert Oil (Pty) Ltd v OP Bathlaro Filling Station (Pty) Ltd and Others (2161/2024)

Desert Oil (Pty) Ltd v OP Bathlaro Filling Station (Pty) Ltd and Others (2161/2024) [2024] ZANCHC 88 (18 September 2024)

Court

Northern Cape High Court, Kimberley

Case number

2161/2024

Judge

Stanton

The High Court granted an interim interdict protecting Desert Oil’s fuel supply arrangements pending an action about contractual and company-law rights.

• Interim Interdict
• Section 20 9 Companies Act
• Fuel Supply Agreement
• Corporate Personality Abuse
• Petroleum Products Act Compliance
• Interim-interdict

Kransberg Petroleum (Pty) Ltd v Boskor Beleggings (Pty) Ltd (32665/12)

Kransberg Petroleum (Pty) Ltd v Boskor Beleggings (Pty) Ltd (32665/12) [2022] ZAGPPHC 554 (29 July 2022)

Court

North Gauteng High Court, Pretoria

Case number

32665/12

Judge

WJ du Plessis

The court found that both parties were close corporations at the time of contracting, and that Ms du Plessis had sole authority to bind the plaintiff, while Mr du Plessis had authority to bind the defendant. The contract terms regarding price were never expressly agreed or recorded, but the evidence showed that the parties operated on trust and cooperation, with the plaintiff consistently invoicing at the list price for zone 12C as published by the Minister of Energy. The court applied the principles of tacit terms, finding that the business relationship and conduct of the parties indicated c…

Source excerpt

• Oral Contract
• Close Corporation Act
• Tacit Terms
• Authority To Bind
• Fuel Supply Agreement