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Sharp and Another v Buthelezi and Others (2024/088147) [2024] ZAGPJHC 908 (18 September 2024)
The High Court set aside the removal of Gareth Sharp as director for procedural defects, but upheld the appointment of two other directors and refused business rescue.
Lonerock Construction v South African National Roads Agency (SOC Limited) [2023] ZAGPPHC 527; 89831/2018 (27 June 2023)
The court found that the contract did not entitle the defendant to object to or amend an Interim Payment Certificate once issued by the engineer. The plaintiff was entitled to payment as certified in IPC 36, as the contract only allowed for corrections in subsequent certificates, not withdrawal or cancellation of an existing certificate. The defendant's refusal to pay P&Gs and CPA was not contractually justified, and the differential treatment of SMMEs did not alter the plaintiff's rights under the main contract. The subsequent signing of a revised IPC 36 did not amount to waiver or acquiesce…
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