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South Africa decisions
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Iguana Projects (Pty) Ltd v Oaktree Investments (Pty) Ltd (26417/20) [2021] ZAGPJHC 624 (4 November 2021)
The High Court refused condonation for a late answering affidavit in a construction payment dispute and granted judgment for the unpaid capital, statutory interest, and punitive costs.
Sasol South Africa (Pty) Ltd v Murray & Roberts Limited (425/2020) [2021] ZASCA 94 (28 June 2021)
The Supreme Court of Appeal held that the adjudicator's decision on Dispute 16 was contractually binding and enforceable against Sasol. The adjudicator acted within his powers by reviewing the project manager's refusal to implement the arbitration award and applying the principles established by the arbitrator. The timing and receipt of additional information were permitted under the adjudicator's contract, which prevailed in case of conflict with the construction contract. Sasol's procedural objections regarding jurisdiction and timing were rejected, as the adjudicator delivered his decision…
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Pro-Khaya Construction CC v Independent Development Trust (3065/2015) [2016] ZAECPEHC 10; [2016] 2 All SA 909 (ECP) (22 March 2016)
The court found that there was a valid and consensual agreement between the parties, through their attorneys, to refer all disputes—including those in the High Court action and costs—to arbitration. The respondent's denial of participation and knowledge was rejected as untenable, given the correspondence and conduct of its attorneys. The citation of the Trust was condoned as all trustees were effectively before the court. The arbitrator acted within his powers, permitted procedural amendments, and applied the correct interest rate as per the JBCC agreement and legislation. The Trust failed to…
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Euro Blitz 21 (Pty) Ltd and Another v Secena Aircraft Investments CC (102/2014) [2015] ZASCA 21 (19 March 2015)
The Supreme Court of Appeal held that “calculated daily” in a court order did not mean compound interest; it referred only to the method of calculation.
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