South Africa Case Law

Smart Civils Construction (Pty) Ltd and Another v Francis Transport and Plant Hire CC (A2023-051064)

Smart Civils Construction (Pty) Ltd and Another v Francis Transport and Plant Hire CC (A2023-051064) [2024] ZAGPJHC 394 (19 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2023-051064

Judges

DN Unterhalter, L Windell, T Siwendu

The High Court held that the subcontract was validly ceded to Smart, dismissed Radon’s liability, rejected the restricted-works claim, and limited additional P&G’s to R120,000.

• Joint Venture Liability
• Cession And Assignment
• Jbcc Agreement
• Variation Of Contract
• Quantification Of Claims
• Cession-and-assignment

Maharaj N.O v Discovery Life Limited (8713/2015)

Maharaj N.O v Discovery Life Limited (8713/2015) [2022] ZAKZDHC 52 (2 December 2022)

Court

Kwazulu-Natal High Court, Durban

Case number

8713/2015

Judge

Olsen

The court found that the second plaintiff was diagnosed and treated for major depression in 2010 and 2012 and failed to disclose this material information when submitting service alteration requests for amendments to insurance policies 312 and 160. Applying section 59(1) of the Long Term Insurance Act and the objective test for materiality, the court held that a reasonable, prudent person would have disclosed such diagnoses, as they were likely to materially affect the assessment of risk. The defendant was therefore entitled to repudiate the amendments to the policies, rendering all amending…

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• Insurance Contracts
• Material Non Disclosure
• Misrepresentation
• Long Term Insurance Act
• Fraudulent Claims
• Quantification Of Claims

Janse Van Rensburg NO and Others v Kruger (19123/2005)

Janse Van Rensburg NO and Others v Kruger (19123/2005) [2008] ZAGPHC 249 (12 August 2008)

Court

High Courts - Gauteng

Case number

19123/2005

Judge

Ramagaga

The High Court upheld a defendant’s special plea of res judicata and dismissed the liquidators’ replication in a claim arising from the MP Finance scheme.

• Res Judicata
• Issue Estoppel
• Insolvency Act Section 26
• Insolvency Act Section 29
• Liquidation Proceedings
• Quantification Of Claims

Imprefed (Pty) Ltd. v National Transport Commission (13/91)

Imprefed (Pty) Ltd. v National Transport Commission (13/91) [1993] ZASCA 36; 1993 (3) SA 94 (AD); [1993] 2 All SA 179 (A) (22 March 1993)

Court

Supreme Court of Appeal

Case number

13/91

Judges

Joubert, E M Grosskopf, Kumleben, Nienaber, Van Coller

The Supreme Court of Appeal held that the appellant's claims for additional remuneration, loss of productivity, and overheads were not sustainable under the contract. The contract was a rate and measurement contract, and the agreed rates or contract rates governed all remuneration for work done, including variations and extra work. The appellant's attempt to claim additional compensation based on fairness, more onerous conditions, or the Engineer's recommendations was rejected, as the contract provided exclusive remedies and mechanisms for payment. The pleadings did not permit reliance on con…

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• Construction Contracts
• Variation Orders
• Remuneration Under Contract
• Pleading Precision
• Damages For Breach
• Quantification Of Claims

Compagnie Interafricaine de Travaux v South African Transport Services and Others (680/89)

Compagnie Interafricaine de Travaux v South African Transport Services and Others (680/89) [1991] ZASCA 16; 1991 (4) SA 217 (AD); [1991] 2 All SA 155 (A) (21 March 1991)

Court

Supreme Court of Appeal

Case number

680/89

Judges

Corbett, Hefer, Vivier, Milne, Eksteen

Clause 2(b) of the general conditions of contract entitles the contractor to claim reasonable remuneration for additional work or expense caused by adverse subsurface conditions which, in the opinion of the Engineer, could not reasonably have been foreseen. The quantification of such a claim is not governed by the variation order and rate adjustment procedures in clauses 35 and 50, as those clauses apply only to ordered alterations, extras, additions, or omissions. Instead, the law implies a right to reasonable remuneration in the absence of a contractual mechanism for quantification. The Eng…

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• Construction Contracts
• Implied Terms
• Quantification Of Claims
• Arbitration Clauses
• Declaratory Relief

Administateur-General vir Gebied van Suidwes-Afrika v Clifford Harris (South West) (Pty) Ltd. (78/88)

Administateur-General vir Gebied van Suidwes-Afrika v Clifford Harris (South West) (Pty) Ltd. (78/88) [1988] ZASCA 78 (1 June 1988)

Court

Supreme Court of Appeal

Case number

78/88

Judges

Viljoen, Hoexter, Smalberger, Steyn, Kumleben

The court held that the contractor had performed rock protection work as instructed and was entitled to payment at the higher contract tariff.

• Construction Contracts
• Interpretation Of Contracts
• Specific Performance
• Quantification Of Claims
• Construction-contracts
• Contract-interpretation