South Africa Case Law

Adendorff N.O v Savrez Trading (Pty) Ltd and Another (Reasons) (2025/080510)

Adendorff N.O v Savrez Trading (Pty) Ltd and Another (Reasons) (2025/080510) [2025] ZAWCHC 286 (9 July 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/080510

Judge

P. S. Van Zyl

The court found the respondents' postponement application to be lacking in bona fides, unsupported by adequate explanation, and indicative of a tactical delay. The applicant had tendered sufficient substituted security for the alleged builder's lien, which exceeded the amount claimed and was held in attorneys' trust. The respondents failed to commence arbitration or provide any substantive defence. The applicant, as owner, was entitled to possession and access to the property, especially given the risks and responsibilities following transfer. The court exercised its discretion to grant urgen…

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• Builders Lien
• Substituted Security
• Urgent Interdict
• Arbitration Clause
• Rei Vindicatio

Selby Panel and Paint (Pty) Ltd v Santam Limited (005540/2022)

Selby Panel and Paint (Pty) Ltd v Santam Limited (005540/2022) [2023] ZAGPJHC 1246 (31 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

005540/2022

Judge

Pearse AJ

The High Court refused condonation and leave to appeal, finding Selby had not shown good cause for its late filing and that no reasonable prospect of success arose.

• Condonation For Late Filing
• Substituted Security
• Costs Award
• Superior Courts Act
• Release Of Property
• Condonation-for-late-filing

Gatter v Grand Tech Auto (PTY) Limited t/a Grand Tech Auto Body and Another (2021/47581)

Gatter v Grand Tech Auto (PTY) Limited t/a Grand Tech Auto Body and Another (2021/47581) [2022] ZAGPJHC 523 (8 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2021/47581

Judge

Gilbert

The court found that the respondents failed to establish any agreement or enrichment entitling them to storage costs, and that their right of retention did not extend to such costs. The applicant was entitled to the release of her vehicle upon payment of the admitted repair amount and the provision of substitute security for the disputed balance. The respondents' claim for a money judgment based on compromise was rejected, as any tender made by the applicant had lapsed by the time the respondents purported to accept it. The court exercised its discretion to order the release of the vehicle, s…

Source excerpt

• Right Of Retention
• Substituted Security
• Debtor Creditor Lien
• Unjustified Enrichment
• Compromise Settlement
• Motor Vehicle Repairs

Canyon Coal (Pty) v Calwed Construction CC (24643/2016)

Canyon Coal (Pty) v Calwed Construction CC (24643/2016) [2016] ZAGPPHC 745 (28 August 2016)

Court

North Gauteng High Court, Pretoria

Case number

24643/2016

Judge

Msimeki

The High Court dismissed an urgent application to release a plant, holding the respondent could retain it under a lien until paid and that cost orders followed.

• Lien
• Substituted Security
• Non Joinder
• Right Of Retention
• Urgent Application
• Attorney And Client Costs

Mthonti v In-Out Panelbeaters CC t/a Professional Panel Beaters (13/00731)

Mthonti v In-Out Panelbeaters CC t/a Professional Panel Beaters (13/00731) [2013] ZAGPJHC 166 (1 July 2013)

Court

South Gauteng High Court, Johannesburg

Case number

13/00731

Judge

Weiner

The court ordered release of a damaged BMW against an insurance guarantee, finding the panelbeater’s repair lien sufficiently secured and awarding punitive costs.

• Repair Lien
• Substituted Security
• Mandament Van Spolie
• Guarantee As Security
• Repair-lien
• Substituted-security