South Africa Case Law

Cathoros Commodities (Pty) Ltd v Anglo Operations (Pty) Ltd (Leave to Appeal) (54095/2013; 90165/2015)

Cathoros Commodities (Pty) Ltd v Anglo Operations (Pty) Ltd (Leave to Appeal) (54095/2013; 90165/2015) [2024] ZAGPPHC 459 (17 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

54095/2013; 90165/2015

Judge

S. Potterill

The High Court granted condonation, but dismissed leave to appeal with costs after finding no appealable error in its contract interpretation and pricing findings.

• Contract Interpretation
• Condonation For Late Filing
• Business Lawfare
• Quality Of Goods
• Fixed Price Agreement
• Contract-interpretation

Anglo Operations (Pty) Ltd v Cathoros Commodities (Pty) Ltd (54095/2013; 90165/2015)

Anglo Operations (Pty) Ltd v Cathoros Commodities (Pty) Ltd (54095/2013; 90165/2015) [2024] ZAGPPHC 132 (8 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

54095/2013; 90165/2015

Judge

S Potterill

The High Court found Anglo proved delivery, source, quality, and price claims for coal supplied to Cathoros, and dismissed Cathoros’ counterclaim.

• Contractual Interpretation
• Sale Of Goods
• Quality Of Goods
• Oral Agreement
• Damages
• Expert Evidence

National Consumer Commission v National Auto Brokers CC trading as Omars Auto City (NCT/172929/2020/73(3))

National Consumer Commission v National Auto Brokers CC trading as Omars Auto City (NCT/172929/2020/73(3)) [2021] ZANCT 10 (25 June 2021)

Court

National Consumer Tribunal

Case number

NCT/172929/2020/73(3)

Judges

T Bailey, J Simpson, F Sibanda

The Tribunal dismissed the National Consumer Commission’s application because the consumer complaint had prescribed under section 116 of the Consumer Protection Act.

• Consumer Protection Act
• Prescription
• Quality Of Goods
• Jurisdiction Of Tribunal
• Consumer-protection-act
• Tribunal-jurisdiction

Van der Heyde v A to Z Motors CC (NCT/119741/2018/75(1)(b))

Van der Heyde v A to Z Motors CC (NCT/119741/2018/75(1)(b)) [2019] ZANCT 55 (5 April 2019)

Court

National Consumer Tribunal

Case number

NCT/119741/2018/75(1)(b)

Judge

MC Peenze

The Tribunal granted leave to refer a consumer complaint about a defective used vehicle allegedly sold with gearbox and other faults, and made no order as to costs.

• Consumer Protection Act
• Leave To Refer
• Quality Of Goods
• Implied Warranty
• Refund Claim
• Consumer-protection-act

Tshehla v Aucamp Eiendomsbeleggings t/a CA Motors (NCT/95341/2017/75(1)(b))

Tshehla v Aucamp Eiendomsbeleggings t/a CA Motors (NCT/95341/2017/75(1)(b)) [2019] ZANCT 92 (1 April 2019)

Court

National Consumer Tribunal

Case number

NCT/95341/2017/75(1)(b)

Judges

MC Peenze, D Terblanche, A Potwana

The Tribunal found a used Mercedes sold by the respondent was not of good quality and ordered refund of the purchase price plus parts and towing costs.

• Consumer Protection Act
• Implied Warranty
• Refund Of Purchase Price
• Prohibited Conduct
• Quality Of Goods
• Contractual Exclusion

Maree v Nissan SA (Pty) Ltd (NCT/95354/2017/75(1)(b))

Maree v Nissan SA (Pty) Ltd (NCT/95354/2017/75(1)(b)) [2018] ZANCT 133 (16 October 2018)

Court

National Consumer Tribunal

Case number

NCT/95354/2017/75(1)(b)

Judge

MC Peenze

The Tribunal granted leave to refer a consumer complaint about a defective Nissan bakkie, finding reasonable prospects of success under the Consumer Protection Act.

• Consumer Protection Act
• Quality Of Goods
• Implied Warranty
• Leave To Refer
• Refund Claim
• Consumer-protection-act

Edwards v Accordian Investments (Pty) Ltd (NCT/82942/ 2017/75(1)(b))

Edwards v Accordian Investments (Pty) Ltd (NCT/82942/ 2017/75(1)(b)) [2018] ZANCT 9 (22 March 2018)

Court

National Consumer Tribunal

Case number

NCT/82942/2017/75(1)(b)

Judge

T Woker

The Tribunal granted leave to refer a consumer complaint about an allegedly defective motor vehicle, finding reasonable prospects of success and substantial importance.

• Consumer Protection Act
• Leave To Refer
• Quality Of Goods
• Remedies For Defective Goods
• Reasonable Prospects Of Success
• Consumer-protection-act

Curtis v Validus Trading 100CC t/a Signature Motors & Wholesalers (NCT/89986/ 2017/75(1))

Curtis v Validus Trading 100CC t/a Signature Motors & Wholesalers (NCT/89986/ 2017/75(1)) [2018] ZANCT 11 (26 January 2018)

Court

National Consumer Tribunal

Case number

NCT/89986/2017/75(1)

Judge

L. Best

The Tribunal granted leave to refer a consumer complaint about a used vehicle under section 75(1)(b) of the CPA, finding reasonable prospects of success.

• Consumer Protection Act
• Leave To Refer
• Access To Justice
• Quality Of Goods
• Consumer-protection-act
• Leave-to-refer

Perumal v Big Boy Scooters (SA Motorcycles (Pty) Ltd) (NCT/86201/2017/75(1)(b))

Perumal v Big Boy Scooters (SA Motorcycles (Pty) Ltd) (NCT/86201/2017/75(1)(b)) [2017] ZANCT 117 (8 October 2017)

Court

National Consumer Tribunal

Case number

NCT/86201/2017/75(1)(b)

Judge

Tanya Woker

The Tribunal granted leave to refer a consumer complaint about misdescribed bikes, alleged false advertising, and refusal of refund or compliant replacement.

• Consumer Protection Act
• False Advertising
• Quality Of Goods
• Refund Rights
• Industry Ombud Rulings
• Consumer-protection-act

Byleveld v Execor Twelve (Pty) Ltd t/a Motor City and Another (NCT/10686/2013/75(1))

Byleveld v Execor Twelve (Pty) Ltd t/a Motor City and Another (NCT/10686/2013/75(1)) [2014] ZANCT 2 (24 February 2014)

Court

National Consumer Tribunal

Case number

NCT/10686/2013/75(1)

Judges

P. Beck, F. Sibanda, N. Sephoti

The Tribunal found that the transaction between the applicant and the first respondent was concluded after the effective date of the Consumer Protection Act, making the Act applicable. The vehicle sold to the applicant was defective and did not meet the standards of quality, durability, and suitability required by sections 55 and 56 of the Act. The applicant made reasonable efforts to have the defects remedied, but the first respondent failed to perform the necessary repairs or reimburse her for the costs incurred. The Tribunal held that the applicant was entitled to a refund of the repair co…

Source excerpt

• Consumer Protection Act
• Quality Of Goods
• Refund Of Repair Costs
• Condonation
• Leave To Refer