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South Africa decisions
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Grcic v J and J Investments Pty Ltd and Others (2023/106860) [2024] ZAGPJHC 1035 (11 October 2024)
The High Court stayed a payment application pending ADR under a share-sale agreement, finding a real dispute about the payment clause and its arbitration route.
Concretech CC v Mohr and Another (8894 /2022) [2023] ZAWCHC 16 (3 February 2023)
The High Court granted specific performance of a land sale, rejecting defences based on a supposed resolutive condition and the National Credit Act.
Hugo, Kirsten & Kirsten (Pty) Ltd v Collotype Labels (Pty) Ltd (323/2019) [2020] ZASCA 21 (25 March 2020)
The court held that a lease clause requiring negotiation of a new lease was void, but the invalid clause did not invalidate the fixed-term lease itself.
Bidfood (Pty) Ltd t/a Bidfood Western Cape v Govender and Others (2264/2017) [2017] ZAWCHC 91 (28 March 2017)
The court found that the restraint of trade agreement was excessively broad, covering multiple provinces and activities beyond what was reasonable or necessary to protect the Applicant's interests. The Applicant failed to establish that the Second Respondent was a direct competitor, as their overlap was limited to one product category. The evidence did not show that the First Respondent possessed confidential information of sufficient value to justify the restraint. The severability clause could not cure the overbreadth of the agreement, as the court cannot rewrite the contract to make it rea…
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Tosen v Tosen en Anders (58121/2010) [2012] ZAGPPHC 155 (8 August 2012)
The court found, on the probabilities, that the first respondent was aware of the applicant's intention to retain the house and that the relevant agreements reflected this intention. Clause 16.1 and related annexures were void, but severable from the main contract, which remained valid. The applicant's entitlement to compensation for relinquishing her claim to the house was established through the conduct and correspondence of the parties, and the agreed amount of R650,000 was not subject to any condition related to the realization of development profits. The first respondent's obligation to…
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City of Johannesburg Metropolitan Municipality v International Parking Management (Pty) Ltd and Others (10548/2010) [2011] ZAGPJHC 5 (17 February 2011)
The court held that the grounds advanced by the applicant—legality, public policy, and gross irregularity—do not fall within the exclusive grounds for review under section 33(1) of the Arbitration Act. The principle of party autonomy and the finality of arbitration awards require judicial deference, and errors of law or fact by arbitrators are not reviewable unless they amount to misconduct or gross irregularity preventing a fair trial. The contract's law enforcement provisions were not contrary to public policy or the Constitution, and the applicant's interpretation of statutory requirements…
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Morkel v Thornhill (A105/2009) [2010] ZAFSHC 29 (4 March 2010)
High Court appeal over a farm lease held that renewal options could be renounced, preserving the valid initial term, and that cancellation was not clearly communicated.
Van Zyl v BB Truck & Tractor Services (Edms) Bpk (49342/07) [2008] ZAGPHC 295 (8 October 2008)
The court found that the arbitration proceedings and the award were a nullity because the arbitration clause in the contract was void for vagueness, particularly regarding the appeal provisions, and the invalid provisions could not be severed from the valid ones. Furthermore, the arbitrator exceeded his jurisdiction by awarding relief not contemplated in the referral, rendering the award ab initio void. The court held that the award could not be made an order of court under section 31(1) of the Arbitration Act. Even if a formal application to set aside the award under section 33(2) was requir…
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Farquhar v Scheffer and Another (A319/2006) [2008] ZAGPHC 66 (5 February 2008)
The High Court held that guarantees delivered to the transfer attorneys were sufficient, and that the seller could not cancel without proper notice. The appeal failed.
Citibank NA v Thandroyen Fruit Wholesalers CC and Others (287/06) [2007] ZASCA 61; [2007] SCA 61 (RSA) ; 2007 (6) SA 110 (SCA) (28 May 2007)
The SCA held that a Rule 31(1) confession to judgment must match the original claim, but upheld severable settlement terms and granted judgment for the reduced debt.
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