South Africa Case Law

Pitelli v Everton Gardens Projects CC (191/09)

Pitelli v Everton Gardens Projects CC (191/09) [2010] ZASCA 35; 2010 (5) SA 171 (SCA) ; [2010] 4 All SA 357 (SCA) (29 March 2010)

Court

Supreme Court of Appeal

Case number

191/09

Judges

Nugent, Cloete, Mlambo, Tshiqi, Majiedt

The Supreme Court of Appeal held that a default order susceptible to rescission is not appealable and struck the appeal from the roll with costs.

• Appealability Of Default Orders
• Personal Liability Of Company Directors
• Rescission Of Judgments
• Companies Act Section 424
• Appealability-of-default-orders
• Rescission-of-judgments

Peet v Ross (04/30267)

Peet v Ross (04/30267) [2005] ZAGPHC 381 (3 November 2005)

Court

High Courts - Gauteng

Case number

04/30267

Judge

P.A. Meyer

The court held that motion proceedings are not permissible for claims of unliquidated damages, as established in Williams v Tunstall and Room Hire Co. v Jeppe Street Mansions. The applicant failed to provide sufficient facts to establish a proper judicial assessment of damages or to support personal liability against the respondent. The respondent, as CEO of Edcon, was not shown to have performed, authorised, directed, or procured any wrongful act. The claim was found to be vexatious, and the application was dismissed with costs on an attorney and own client scale.

Source excerpt

• Motion Proceedings For Unliquidated Damages
• Vicarious Liability
• Personal Liability Of Company Directors
• Wrongful Arrest And Detention