South Africa Case Law

Brentmark (Pty) Ltd and Another v Puma Energy South Africa (Pty) Ltd (22235/19)

Brentmark (Pty) Ltd and Another v Puma Energy South Africa (Pty) Ltd (22235/19) [2021] ZAWCHC 127; [2021] 4 All SA 106 (WCC) (5 July 2021)

Court

Western Cape High Court, Cape Town

Case number

22235/19

Judge

P.A.L. Gamble

The court held that Brent OK was not a true stranger to the dealer agreement, as its business was commercially dependent on the contractual arrangements between Brentmark and Puma. The pleadings, as amended, sufficiently alleged that Puma's conduct—refusing to renegotiate pricing, refusing consent to sale, and acting dishonestly—was intentional, dishonest, and foreseeably led to Brent OK's financial ruin. The court found that the existence of a good faith clause, the fiduciary-like relationship, and the unique interdependence of the parties justified the extension of delictual liability for p…

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• Pure Economic Loss
• Wrongfulness
• Good Faith In Contracts
• Fiduciary Duty
• Exception Procedure
• Contractual Interference

Mitsubishi Hitachi Power Systems Africa (Pty) Ltd v Murray and Roberts Ltd and Another (1011/2019)

Mitsubishi Hitachi Power Systems Africa (Pty) Ltd v Murray and Roberts Ltd and Another (1011/2019) [2020] ZASCA 110; 2021 (5) SA 532 (SCA) (29 September 2020)

Court

Supreme Court of Appeal

Case number

1011/2019

Judges

NAVSA, DLODLO, NICHOLLS, POYO-DLWATI, UNTERHALTER

The Supreme Court of Appeal held that Murray & Roberts is contractually entitled to disclosure of information relevant to its entitlement to contractual benefits under clause 11.3 of the subcontracts. The court rejected Mitsubishi's arguments that privity and the Variation Agreement excluded such entitlement, finding that the pass-on obligation remains. The court further found that confidentiality obligations under the Main Contract do not preclude disclosure to Murray & Roberts as a subcontractor, and that Eskom did not assert any right to prevent disclosure. The remedy was tailored to requi…

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• Contractual Disclosure
• Good Faith In Contracts
• Confidentiality Obligations
• Remedies For Breach
• Subcontractor Rights

Breezewood Trading 88 CC t/a Mica Celtis v Ebrahim (24260/2011)

Breezewood Trading 88 CC t/a Mica Celtis v Ebrahim (24260/2011) [2014] ZAGPPHC 680 (4 September 2014)

Court

North Gauteng High Court, Pretoria

Case number

24260/2011

Judge

E Jordaan

High Court held that a former member misappropriated R338,000 from the close corporation and could not rely on settlement clauses to avoid liability.

• Misappropriation Of Funds
• Close Corporation Member Liability
• Full And Final Settlement Clause
• Good Faith In Contracts
• Parol Evidence Rule
• Misappropriation-of-funds