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Commercial And Corporate [2013] ZAECGHC 46

Ivo Huisman and Associates v Network Health Care Holdings (Pty) Ltd (CA 254/2009)

Ivo Huisman and Associates v Network Health Care Holdings (Pty) Ltd (CA 254/2009) [2013] ZAECGHC 46 (10 May 2013)

The court found that the agreement between the appellant and respondent was that the appellant would render services on risk, meaning payment would only be due if the project proceeded and the appellant was appointed as consulting engineer or project manager. The appellant failed to prove on a balance of probabilities that the agreement entitled it to payment regardless of whether the project went ahead or its plans were utilised. The magistrate erred in focusing on the authority of Messrs Swanepoel and Bekker, as the central issue was the terms of the agreement. The version presented by the…

  • Contractual Authority
  • Professional Services
  • Speculative Work
  • Estoppel
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