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South Africa decisions
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South African Council for Architectural Profession v O'Reilly and Another (28641/2019) [2025] ZAGPJHC 559 (2 June 2025)
The High Court postponed an enrichment trial sine die after finding the defendants were not ready to proceed because key documents had not been uploaded to Caselines.
Bester N.O. and Others v Horn (11641/2015) [2022] ZAWCHC 228 (5 October 2022)
The High Court refused to separate prescription issues from a consolidated trust recovery trial, finding that piecemeal hearings would delay and duplicate evidence.
Development Bank of Southern Africa Limited v Proline Trading 60 (PTY) Ltd (30282/2020) [2022] ZAGPJHC 639 (5 September 2022)
The High Court stayed proceedings and referred a loan dispute to arbitration, finding good cause to extend the time limit under the Arbitration Act.
Phatshoane Henney Attorneys and Another v Trollip, In Re Trollip v Phatshoane Henney Attorneys and Another (3683/2018) [2020] ZAFSHC 227 (1 December 2020)
The court dismissed an application to separate a prescription special plea from liability and quantum under Rule 33(4), finding the issues were too closely linked.
Quality Products (Pty) Ltd v MAMCSA Security Consultants CC and Another (12447/2017) [2020] ZAKZDHC 13 (20 May 2020)
The court found that the arbitrator failed to properly consider and address the applicant's submissions regarding the rights of a nominee and the distinction between a nominee and an agent. The arbitrator relied on incorrect portions of cited cases and ignored relevant qualifications in academic commentary. The failure to engage with the applicant's arguments and authorities constituted good cause for remittal under Section 32(2) of the Arbitration Act. Additionally, the arbitrator erred in his approach to the costs of the hearing, disregarding the consensus between counsel. The award was the…
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