South Africa Case Law

Alto Management CC v Wingtip Crossing Shopping Centre (Pty) Ltd (Leave to Appeal) (59545/2018)

Alto Management CC v Wingtip Crossing Shopping Centre (Pty) Ltd (Leave to Appeal) (59545/2018) [2024] ZAGPPHC 1113 (29 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

59545/2018

Judge

S J R Mogagabe

The court found that Wingtip's grounds for appeal were a repetition of those previously considered and dismissed in the main judgment. The authorities cited by Wingtip were distinguished on the basis that the JBCC Agreement at issue did not contain a clause making full performance a condition precedent for payment, unlike the contracts in those cases. Upon lawful termination of the contract, interim payment certificates relied upon by Wingtip ceased to have legal effect and could not sustain a claim for payment. The court applied the stricter test under section 17(1)(a) of the Superior Courts…

Source excerpt

• Leave To Appeal
• Construction Contracts
• Performance Specification
• Payment Certificates
• Prospects Of Success

Intech Instruments v Transnet Limited t/a South African Port Operations (1165/18)

Intech Instruments v Transnet Limited t/a South African Port Operations (1165/18) [2019] ZASCA 79; [2019] 3 All SA 357 (SCA) (31 May 2019)

Court

Supreme Court of Appeal

Case number

1165/18

Judges

Majiedt, Dambuza, Mathopo, Makgoka, Plasket

The SCA held that this was a performance-specification construction contract, that Transnet’s safety-based stop-works orders were lawful, and dismissed Intech’s appeal.

• Construction Contracts
• Repudiation
• Occupational Health And Safety Act
• Performance Specification
• Quantum Meruit
• Contract Cancellation