South Africa Case Law

Edge Distributors CC v Minco Resources 202 (Pty) Ltd and Others (2010/12065)

Edge Distributors CC v Minco Resources 202 (Pty) Ltd and Others (2010/12065) [2010] ZAGPJHC 116 (22 November 2010)

Court

South Gauteng High Court, Johannesburg

Case number

2010/12065

Judge

C G Lamont

The court found that the commission-sharing arrangement between the applicant and third respondent was not governed by the non-variation clause in the Vizirama contract, as it was a separate agreement and not an annexure to the main contract. The oral variation of the commission-sharing arrangement was therefore effective. The evidence, including subsequent contracts and correspondence, supported the respondents' version that the applicant was only entitled to commission from the Nuco contract and not from the Vizirama contract. The court further held that there was a material dispute of fact…

Source excerpt

• Commission Agreements
• Oral Variation Of Contract
• Non Variation Clause
• Contractual Dispute
• Payment Of Commission