Disaware (Pty) Ltd t/a Waterkloof Spar v Academic and Professional Staff Associate (41665/2021) [2024] ZAGPPHC 889 (13 September 2024)
Court
North Gauteng High Court, Pretoria
Case number
41665/2021
Judge
N.P. Mali
The High Court held a trade union vicariously liable for unlawful store closures caused by members and an employee, but only awarded proved loss of sales.
The Constitutional Court held that economic loss sustained as a result of a breach of section 217 of the Constitution, whether or not the breach is intentional, is not recoverable in delict. The principle of subsidiarity and the scheme of the Promotion of Administrative Justice Act (PAJA) require that claims for compensation for administrative injustice be pursued under PAJA, which provides for just and equitable relief, including compensation in exceptional cases. Extending the common law to allow delictual claims for such loss would subvert the legislative framework and create parallel syst…
Muthray Investments CC v Revive Classic (Pty) Ltd (88914/18) [2019] ZAGPPHC 974 (12 December 2019)
Court
North Gauteng High Court, Pretoria
Case number
88914/18
Judge
Tlhapi
The High Court dismissed exceptions to amended particulars of claim in a vehicle-rebuild dispute, finding the pleadings disclosed a cause of action and could be answered.
Unique Rope Experiences At Length CC v Visser N.O and Another (59644/14) [2015] ZAGPPHC 918 (2 December 2015)
Court
North Gauteng High Court, Pretoria
Case number
59644/14
Judge
Fourie
The High Court dismissed an exception to a loss-of-profit claim arising from helicopter damage to a zipline cable, holding the statutory interpretation issue was not suitable for exception.
Abrina 1772 (Pty) Ltd and Another v Koukoudis and Another (61404/2009) [2014] ZAGPPHC 368 (10 June 2014)
Court
North Gauteng High Court, Pretoria
Case number
61404/2009
Judge
R G Tolmay
The court found that the defendants, in lodging objections and appeals against the plaintiffs' township application, acted with the predominant intent to harm the plaintiffs and not to advance any legitimate commercial or town planning interest. The evidence, including minutes of Proc Corp's directors' meetings and expert testimony, established that the objections were part of a strategy to delay competing developments and stifle competition, rather than to protect reasonable interests. The defendants' failure to lead evidence to explain or justify their conduct reinforced the inference of ma…
Hushon S A (Proprietary) Limited v Pictech (Proprietary) Limited and Others (Pty) [1997] ZASCA 37; [1997] 2 All SA 672 (A) (9 May 1997)
Court
Supreme Court of Appeal
Case number
418/95
Judges
Nienaber, Schutz, Hefer, Zulman, Streicher
The Supreme Court of Appeal held that Hushon proved damage from unlawful competition and commercial sabotage, but not the full loss claimed. Damages were estimated at R175,000.
