South Africa Case Law

Samancor Limited v NUM obo Maloma and Another (JR1061/2007)

Samancor Limited v NUM obo Maloma and Another (JR1061/2007) [2017] ZALCJHB 98 (24 March 2017)

Court

Labour Court Johannesburg

Case number

JR1061/2007

Judge

Barnes

The court found that the applicant was deprived of an opportunity to be heard in relation to the bills of cost due to the breach of a binding undertaking by the first respondent's attorney regarding service of documents. This breach resulted in the bills being taxed on an unopposed basis, which was procedurally unfair. The court held that the duty of care and good faith required attorneys to honour such undertakings, regardless of whether a formal notice of change of attorneys was filed. The court further found that the delay in bringing the review application was reasonable, as it was caused…

Source excerpt

• Taxation Of Costs
• Procedural Fairness
• Undertakings By Attorneys
• Review Of Taxing Master Decisions

Prevance Capital (Pty) Ltd v Muller t/a Muller en Vennote (2998/2013)

Prevance Capital (Pty) Ltd v Muller t/a Muller en Vennote (2998/2013) [2014] ZAFSHC 66 (15 May 2014)

Court

Free State High Court, Bloemfontein

Case number

2998/2013

Judge

Kruger

The court held that an attorney’s undertaking covered only the net proceeds of sale after all bonds and transfer expenses were paid, dismissing the claim.

• Interpretation Of Contracts
• Undertakings By Attorneys
• Sale Of Fixed Property
• Mortgage Bond Cancellation
• Deeds Registries Act
• Conveyancing Liability