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South Africa Case Law

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Commercial And Corporate [2020] ZAGPPHC 340

Astfin North (Pty) Ltd t/a Assetfin (previously known as IAB Financial Services) v Digital Direct CC and Another (87605/14)

Astfin North (Pty) Ltd t/a Assetfin (previously known as IAB Financial Services) v Digital Direct CC and Another (87605/14) [2020] ZAGPPHC 340 (27 July 2020)

Court
North Gauteng High Court, Pretoria
Case number
87605/14
Judge
D Makhoba

The High Court held that the penalty clause in rental agreements was not disproportionate to the plaintiff’s prejudice and awarded the full claim.

  • Conventional Penalties Act
  • Specific Performance
  • Penalty Stipulation
  • Contractual Breach
  • Reduction Of Penalty
  • Conventional-penalties-act
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Commercial And Corporate [2016] ZAGPJHC 281

Culterra Properties (Pty) v Culterra (Pty) Ltd and Others (52908/2009)

Culterra Properties (Pty) v Culterra (Pty) Ltd and Others (52908/2009) [2016] ZAGPJHC 281 (10 March 2016)

Court
South Gauteng High Court, Johannesburg
Case number
52908/2009
Judge
S Weiner

High Court judgment on a failed business sale and penalty clause. The plaintiff sought to reduce forfeiture under the Conventional Penalties Act, but the claim was dismissed.

  • Contract Breach
  • Conventional Penalties Act
  • Forfeiture Clause
  • Onus Of Proof
  • Reduction Of Penalty
  • Conventional-penalties-act
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.