South Africa Case Law

Swart v Starbuck and Others (CCT153/16)

Swart v Starbuck and Others (CCT153/16) [2017] ZACC 23; 2017 (10) BCLR 1325 (CC); 2017 (5) SA 370 (CC) (29 June 2017)

Court

Constitutional Court

Case number

CCT 153/16

Judges

Mogoeng, Nkabinde, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mhlantla, Mojapelo, Pretorius, Zondo

Condonation for late filing was granted as the delay was satisfactorily explained and caused no prejudice. Leave to appeal was refused because the applicant’s damages claim under section 82(8) of the Insolvency Act was premised on the absence of valid authorisation by the Master, but the Master’s authorisation for the sale of the properties was legally valid and had not been set aside. The sale agreements were subject to suspensive conditions and only became binding upon fulfilment, which occurred after the trustees’ appointment and the Master’s authorisation. The applicant failed to challeng…

Source excerpt

• Insolvency Act Section 80bis
• Trustee Authorisation
• Administrative Action Review
• Sale Of Insolvent Property
• Condonation
• Statutory Damages

Quill Associates (Pty) Ltd v Randfontein Local Municipality and Another (36264/2013, 36265/2013)

Quill Associates (Pty) Ltd v Randfontein Local Municipality and Another (36264/2013, 36265/2013) [2015] ZAGPPHC 557 (31 July 2015)

Court

North Gauteng High Court, Pretoria

Case number

36264/2013, 36265/2013

Judge

Potterill

The High Court held that Quill owned BIQ copyright and that the municipalities infringed it by continuing to use, copy and adapt the software after licence termination.

• Copyright Infringement
• Software Licensing
• Reasonable Royalty
• Interdictory Relief
• Oral Agreement
• Statutory Damages