South Africa Case Law

Tek-cent Glass & Aluminium (Pty) Ltd v Belo & Kies Construction (Pty) Ltd (16580/2021)

Tek-cent Glass & Aluminium (Pty) Ltd v Belo & Kies Construction (Pty) Ltd (16580/2021) [2022] ZAGPPHC 126 (22 February 2022)

Court

North Gauteng High Court, Pretoria

Case number

16580/2021

Judge

Mbongwe

The High Court enforced a JBCC adjudication award, rejecting the respondent’s late notice of dissatisfaction and jurisdictional objections.

• Enforcement Of Adjudication Award
• Construction Contracts
• Jbcc Subcontract Agreement
• Notice Of Dissatisfaction
• Arbitration Procedure
• Adjudication-award-enforcement

Brookhaven Projects CC v Mike Buyskes Construction (Pty) Limited and Another (28384/14)

Brookhaven Projects CC v Mike Buyskes Construction (Pty) Limited and Another (28384/14) [2015] ZAGPJHC 84 (17 April 2015)

Court

South Gauteng High Court, Johannesburg

Case number

28384/14

Judge

Makume

The court found that both arbitrators exceeded their powers by making determinations on clause 40.9 of the JBCC agreement, which was not the issue referred for arbitration. The first arbitrator was only mandated to decide on the sufficiency of the applicant's cause of action as pleaded in the special plea, not to interpret or apply clause 40.9. The second arbitrator similarly overstepped by extending his findings to matters outside his mandate. These actions constituted gross irregularity and exceeded the arbitrators' powers under section 33(1)(b) of the Arbitration Act 1965. The court furthe…

Source excerpt

• Arbitration Act Section 33
• Gross Irregularity
• Exceeding Powers
• Jbcc Subcontract Agreement
• Special Plea
• Dispute Resolution

Stocks Building Gauteng (Pty) Ltd v Federated Insurance Guarantee Brokers (Pty) Ltd (10406/2006)

Stocks Building Gauteng (Pty) Ltd v Federated Insurance Guarantee Brokers (Pty) Ltd (10406/2006) [2009] ZAKZDHC 7 (3 April 2009)

Court

Kwazulu-Natal High Court, Durban

Case number

10406/2006

Judge

Van der Reyden

The court held that the present matter was not materially distinguishable from the Full Bench decision in Federated Insurance Guarantee Brokers (Pty) Ltd v Johannesburg Development Agency (Pty) Ltd. The guarantee issued by the respondent was payable upon written demand following cancellation of the subcontract due to default, as stipulated in clause 5 of the JBCC agreement. The respondent's liability was triggered by the applicant's compliance with the contractual requirements for demand and cancellation. The respondent's initial defence regarding non-compliance was abandoned, and its counsel…

Source excerpt

• Construction Guarantee
• Jbcc Subcontract Agreement
• Payment On Demand
• Interpretation Of Contract
• Interest A Tempore Morae