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Petzer v Macfarlane and Another (007859/2022) [2023] ZAGPJHC 1171 (26 September 2023)
The court dismissed a Rule 23(1) exception to particulars of claim in a dispute over a termination agreement and close corporation membership.
Carolin v World Power Products (Pty) Ltd (JA44/2020) [2021] ZALAC 34; (2021) 42 ILJ 1898 (LAC) (14 June 2021)
The court found that clause 2.3 of the termination agreement clearly prohibited the disclosure of any information, including client lists, regardless of whether the information was confidential. The appellant's email to former clients constituted a disclosure of the respondent's client list, falling squarely within the prohibited conduct. This act demonstrated a clear and unequivocal intention not to be bound by the agreement, amounting to repudiation. The respondent was entitled to accept the repudiation and treat the agreement as terminated, thereby refusing to pay the settlement amount. Th…
Source excerpt
JSW Electrical (Pty) Ltd v SBB Joint Venture (24603/2001) [2008] ZAGPHC 359 (14 October 2008)
The court held that a termination agreement settled the subcontract dispute and ordered payment for completed work, materials on site, retention money, interest, and costs.
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