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South Africa decisions
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W Capital Finance (Pty) Ltd and Another v GP Venter Attorneys Inc and Another (79444/2019) [2024] ZAGPPHC 223 (11 March 2024)
The High Court ordered payment of trust monies and counsel’s fees, rejected a prescription defence, and dismissed the defendants’ counterclaim.
Advocatye Nemutandani v Diale Mogashoa Incorporated and Another (7222/2021) [2021] ZAGPPHC 627 (14 September 2021)
The High Court refused summary judgment over disputed payment terms in brief letters and allowed the first defendant to defend the claim.
Grobbelaar h/a Afriplan Town and Regional Planners v Tremaine Crawford Property Portfolio (293/2015) [2019] ZANCHC 1 (19 February 2019)
The High Court granted judgment for a town planner’s unpaid fee claim after finding the plaintiff proved performance and the defendant failed to appear.
Molai v Pule Incorporated (31533/2015) [2016] ZAGPPHC 695 (12 August 2016)
The court found that a binding agreement existed between the plaintiff and defendant, either verbal or tacit, for the payment of professional fees within a reasonable time after finalisation and taxation of matters. The defendant's policy of paying only after receipt from the Road Accident Fund was not communicated to the plaintiff and was not binding. The evidence showed that payments had previously been made without reference to RAF payments, and the defendant's challenges with RAF did not absolve it of its contractual obligations to the plaintiff. The court held that the plaintiff was enti…
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Ivo Huisman and Associates v Network Health Care Holdings (Pty) Ltd (CA 254/2009) [2013] ZAECGHC 46 (10 May 2013)
The court found that the agreement between the appellant and respondent was that the appellant would render services on risk, meaning payment would only be due if the project proceeded and the appellant was appointed as consulting engineer or project manager. The appellant failed to prove on a balance of probabilities that the agreement entitled it to payment regardless of whether the project went ahead or its plans were utilised. The magistrate erred in focusing on the authority of Messrs Swanepoel and Bekker, as the central issue was the terms of the agreement. The version presented by the…
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Forensic Restitution (Pty) Ltd v Kwinana and Associates (Gauteng) Inc (10069/2010) [2012] ZAGPPHC 305 (29 November 2012)
The High Court refused absolution from the instance after the plaintiff’s case, holding that the prior judgment remained final and the plaintiff had made a prima facie case.
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