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South Africa decisions
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Top Quartile PMSA (Pty) Ltd v Sibanye Gold Limited (2017/43073) [2024] ZAGPJHC 753 (25 July 2024)
The High Court granted absolution from the instance on Claims A, B and E, but refused it on Claim C in a commercial dispute over a solar project.
Micros South Africa (Pty) Ltd and Others v Kleynhans and Others (Leave to Appeal) (074606/2023) [2023] ZAGPPHC 1836 (16 October 2023)
The court found that the issues raised by the first and second respondents in their applications for leave to appeal are such that another court may reasonably reach different conclusions, particularly regarding the existence of a protectable interest and the enforceability and scope of the restraint of trade and non-disclosure agreement. The judge acknowledged that the threshold for granting leave to appeal under s 17(1)(a)(i) of the Superior Courts Act is higher and more stringent, but was satisfied that reasonable prospects of success exist. The court also corrected a patent error in the p…
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Gateway Advisory Services (Pty) Ltd and Another v Colleen Millar Trading as Rallim House and Others (15061/2018) [2019] ZAWCHC 115 (4 September 2019)
The High Court refused an amendment to the notice of motion in a restraint/interdict case, found the delay prejudicial, and dismissed the application as moot with costs.
Attorneys Fidelity Fund Board of Control v Intibane Mediates and Others (56341/2010) [2016] ZAGPPHC 699; 2016 (6) SA 415 (GP) (26 July 2016)
The court found that Roome, as seller, had a legal duty to disclose to the Attorneys Fidelity Fund Board of Control the existence and amount of secret commission paid to Ramothibe, the purchaser's agent. Roome's omission and misrepresentation regarding his true bottom line price and the commission arrangement constituted a wrongful and negligent misrepresentation. The court held that the AFF reasonably relied on Roome's representations and was induced to pay an inflated purchase price, resulting in patrimonial loss of R5.5 million. Policy considerations and the legal convictions of the commun…
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