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South Africa Case Law

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Administrative Law [2020] ZANCT 16

De Beer v CAW Enterprise Solutions (Pty) Ltd t/a ACD CJ Kleyn's Auto Services (NCT/119746/2018/75(1)(b))

De Beer v CAW Enterprise Solutions (Pty) Ltd t/a ACD CJ Kleyn's Auto Services (NCT/119746/2018/75(1)(b)) [2020] ZANCT 16 (18 October 2020)

The Tribunal held that the repairer lacked express pre-authorisation to strip and diagnose the vehicle a second time, and disallowed storage fees.

  • Consumer Protection Act
  • Pre Authorization Of Repairs
  • Storage Fees
  • Consequential Damages
  • Consumer-protection
  • Pre-authorisation-of-repairs
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Civil Procedure [2015] ZAGPPHC 1017

Nell v Rightway Developments CC (68688/2014)

Nell v Rightway Developments CC (68688/2014) [2015] ZAGPPHC 1017 (9 September 2015)

A vehicle owner’s return application and the repairer’s counterclaim were referred to trial because the warranty terms, defects, and storage-fee dispute turned on material factual disputes.

  • Rei Vindicatio
  • Interdict
  • Creditor Debtor Lien
  • Warranty Dispute
  • Motion Vs Trial
  • Storage Fees
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Civil Procedure [2013] ZAGPPHC 15

Absa Bank Ltd v Storm and Another (67427/2011)

Absa Bank Ltd v Storm and Another (67427/2011) [2013] ZAGPPHC 15 (1 February 2013)

The court held that the bank’s tender and guarantee were adequate security to replace a repairer’s lien over a vehicle, and ordered its return with VAT added.

  • Lien
  • Adequate Security
  • Instalment Sale Agreement
  • Right Of Retention
  • Repairer S Lien
  • Storage Fees
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.