South Africa Case Law

Rethuseng Live Line and Services CC v Zeal Engineering Consultants (Pty) Ltd and Others (40779/14)

Rethuseng Live Line and Services CC v Zeal Engineering Consultants (Pty) Ltd and Others (40779/14) [2021] ZAGPPHC 441 (8 July 2021)

Court

North Gauteng High Court, Pretoria

Case number

40779/14

Judge

E.K. Tsatsi

The Court found that the appointment of the Consulting Electrical Engineer (CEE) was made with the participation and consent of both the Applicant and Second Respondent, who had the opportunity to object but did not do so at the time. The CEE was appointed as an expert, not an arbitrator, and the determination was intended to be binding. However, the Court held that for an expert determination to be valid, it must be based on proper reasoning and correct facts, which requires both desktop and physical inspection of the sites. The CEE's report was found to lack a physical inspection, undermini…

Source excerpt

• Expert Determination
• Contractual Dispute
• Specific Performance
• Review Of Expert Finding
• Pre Trial Agreement

Pahtkki Boerdery (Edms) Bpk en Anders v PJ BOTH NO en Ander (A203/2008)

Pahtkki Boerdery (Edms) Bpk en Anders v PJ BOTH NO en Ander (A203/2008) [2010] ZAFSHC 38 (22 April 2010)

Court

Free State High Court, Bloemfontein

Case number

A203/2008

Judges

Hancke, R, Ebrahim, R

The Free State High Court dismissed a review of an expert’s settlement-based cost determination for maize planting, finding no manifest unfairness or reviewable error.

• Expert Determination
• Review Of Expert Finding
• Contractual Settlement
• Costs Award
• Expert-determination
• Judicial-review