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South Africa Case Law

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Civil Procedure [2021] ZANCHC 40

Scarliweb (Pty) Ltd t/a Cooling Solutions Projects and Another v Sedtrade (Pty) Ltd (Reg No: 2004/014721/07) and Others (1953/2020)

Scarliweb (Pty) Ltd t/a Cooling Solutions Projects and Another v Sedtrade (Pty) Ltd (Reg No: 2004/014721/07) and Others (1953/2020) [2021] ZANCHC 40 (30 July 2021)

The court confirmed a rule nisi and held that an adjudicator’s decision under a subcontract was binding and enforceable, ordering Sedtrade to pay the applicants.

  • Interdict
  • Subcontractor Payment
  • Adjudication Enforcement
  • Urgent Application
  • Contractual Penalties
  • Adjudication-enforcement
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Commercial And Corporate [2010] ZAFSHC 141

Nucon Construction Thaba Nchu (Edms) v Scholtz NO (A2/2010)

Nucon Construction Thaba Nchu (Edms) v Scholtz NO (A2/2010) [2010] ZAFSHC 141 (8 November 2010)

The High Court upheld an appeal over payment under a subcontract, finding the engineer’s interim certificate bound the employer and supported payment for additional work.

  • Subcontractor Payment
  • Engineer Certificate
  • Interim Payment
  • Contractual Dispute
  • Bill Of Quantities
  • Subcontractor-payment
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Commercial And Corporate [1996] ZASCA 117

Comfort Air Conditioning Company (Pty) Ltd. v Lebowa Development Corporation Ltd. (80/95)

Comfort Air Conditioning Company (Pty) Ltd. v Lebowa Development Corporation Ltd. (80/95) [1996] ZASCA 117 (27 September 1996)

The Supreme Court of Appeal held that the respondent was bound to pay certified subcontract amounts and awarded interest from 29 November 1993.

  • Subcontractor Payment
  • Session Of Claims
  • Trust Account Administration
  • Specific Performance
  • Subcontractor-payment
  • Session-of-claims
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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.