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South Africa decisions
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Nepgen v Blake and Another [2023] ZAGPPHC 492; 52270/2015 (30 June 2023)
The High Court dismissed a review of an expert auditor’s determination, holding that the consent order limited the auditor to accounting disputes only.
Nexus Connection SA (Pty) Lty and Others v Liquid Telecommunications Holdings SA (Pty) Ltd and Another (44235/2020) [2021] ZAGPJHC 118 (28 July 2021)
The court found that the expert, Mr Katz, acted outside the scope of his mandate by requesting and considering additional documentation after the mandated meeting. The mandate was clear that all documentary evidence had to be presented at the meeting, and any indecision on line items due to lack of proof was to be resolved against the first respondent. By calling for further documentation and failing to afford the applicants' expert a fair opportunity to comment, Mr Katz breached the agreed procedure and acted irregularly. The determination was therefore reviewed and set aside, and the expert…
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Nexus Connection (SA) (Pty) Ltd and Others v Liquid Telecommunications Holdings South Africa (Pty) Ltd and Another (44235/2020) [2021] ZAGPJHC 815 (28 July 2021)
The court found that Mr Katz, the appointed expert, acted outside the scope of his mandate by requesting and considering additional documentation after the single meeting stipulated in the terms of reference. The mandate was clear that all documentation had to be provided before or at the meeting, and any indecision should be resolved against the first respondent. By calling for and considering further documentation after the meeting, Mr Katz breached the agreed procedure and acted in a manner that was prejudicial to the applicants. The determination was therefore irregular and must be set as…
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