South Africa Case Law

Smart Civils Construction (Pty) Ltd and Another v Francis Transport and Plant Hire CC (A2023-051064)

Smart Civils Construction (Pty) Ltd and Another v Francis Transport and Plant Hire CC (A2023-051064) [2024] ZAGPJHC 394 (19 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2023-051064

Judges

DN Unterhalter, L Windell, T Siwendu

The High Court held that the subcontract was validly ceded to Smart, dismissed Radon’s liability, rejected the restricted-works claim, and limited additional P&G’s to R120,000.

• Joint Venture Liability
• Cession And Assignment
• Jbcc Agreement
• Variation Of Contract
• Quantification Of Claims
• Cession-and-assignment

Bohnke NO and Others v JW Blue Construction Management (22866/2019)

Bohnke NO and Others v JW Blue Construction Management (22866/2019) [2020] ZAWCHC 101 (20 May 2020)

Court

Western Cape High Court, Cape Town

Case number

22866/2019

Judge

Hockey

The High Court granted provisional liquidation against the respondent for failing to pay an adjudicated debt under a JBCC agreement, rejecting abuse-of-process and pending-arbitration objections.

• Provisional Liquidation
• Enforcement Of Adjudicator Award
• Jbcc Agreement
• Section 345 Companies Act
• Pacta Sunt Servanda
• Provisional-liquidation

Sivubo Trading and Projects CC v Development Bank of Southern Africa (233/2018)

Sivubo Trading and Projects CC v Development Bank of Southern Africa (233/2018) [2019] ZASCA 28 (28 March 2019)

Court

Supreme Court of Appeal

Case number

233/2018

Judges

Tshiqi, Majiedt, Schippers, Carelse, Matojane

The Supreme Court of Appeal held that Sivubo’s tender was conditionally accepted, but the suspensive condition was not met, so no binding contract arose.

• Tender Acceptance
• Suspensive Condition
• Contract Formation
• Repudiation
• Jbcc Agreement
• Tender-acceptance

Irwing Construction 514 CC v Pienaar and Others (62030/12)

Irwing Construction 514 CC v Pienaar and Others (62030/12) [2015] ZAGPPHC 850 (18 December 2015)

Court

North Gauteng High Court, Pretoria

Case number

62030/12

Judge

A B Rossouw

The court found that the arbitrator misconceived the nature of his function by failing to interpret and apply the relevant terms of the JBCC agreement to the facts, instead relying on general principles of contract law for cancellation. This amounted to a gross irregularity under section 33(1)(b) of the Arbitration Act, as the arbitrator did not direct his mind to the issues he was duty bound to decide. The interim award was not an award proper but merely a decision, yet both the interim and final awards were set aside to avoid uncertainty. The application for condonation for the late filing…

Source excerpt

• Arbitration Act 42 Of 1965
• Gross Irregularity
• Misconduct Of Arbitrator
• Construction Contracts
• Jbcc Agreement
• Condonation

E R Perrins Building Contractors CC v Druk-my-niet Wine Estate (Pty) Ltd (13954/2009)

E R Perrins Building Contractors CC v Druk-my-niet Wine Estate (Pty) Ltd (13954/2009) [2010] ZAWCHC 167 (23 August 2010)

Court

Western Cape High Court, Cape Town

Case number

13954/2009

Judge

Meer

The court condoned the applicant’s failure to comply with Rule 8(11), cancelled the consequences of default, and ordered costs against the applicant.

• Rescission Of Judgment
• Condonation For Non Compliance
• Provisional Sentence
• Building Contract Dispute
• Jbcc Agreement
• Rescission-of-judgment