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Competition Commission v Stanley's Removals CC and Another (CR030Jun15) [2016] ZACT 89; [2016] 2 CPLR 531 (CT) (12 December 2016)
The Tribunal fined Stanley's Removals CC R450,000 for eight admitted instances of collusive tendering, finding the amount proportional and fair.
Van Rensburg v Eybers and Another (21236/2003) [2007] ZAGPHC 220 (21 September 2007)
The High Court enforced a settlement agreement, reduced an overreaching penalty to actual prejudice, and granted condonation for late filing with costs.
Steinberg v Lazard [2005] ZAGPHC 363; 20/03/01 (18 February 2005)
The court found that the penalty clause in the agreement was mutual, reciprocal, and professionally drafted, reflecting the parties' considered intentions. The Conventional Penalties Act allows for enforcement of such clauses unless the debtor proves the penalty is disproportionate to the prejudice suffered. The defendant failed to discharge the burden of showing that the penalty was out of proportion to the prejudice suffered by the plaintiff. The law does not require the plaintiff to prove actual pecuniary loss, as prejudice under section 3 of the Act includes broader interests. Accordingly…
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