Case Note: Reveille Independent LLC v Anotech International (UK) Limited [2016] EWCA Civ 443
Wednesday, 14 June 2017
Summary A U.S. television company (“Reveille”) brought a claim against a UK-based cookware distributor (“Anotech”) for breach of contract. The claim was based on an alleged agreement that Reveille would integrate and promote Anotech’s products in episodes of the MasterChef U.S. television series and license to Anotech certain rights to use the MasterChef brand. The
- Published in 2016, Commercial Law
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Case Note: Mpambaniso v Law Society of the Cape of Good Hope (542/2014) [2016] ZAECGHC 114 (3 November 2016)
Wednesday, 14 June 2017
Summary This was an application for leave to appeal to the Supreme Court of Appeal (“SCA”) from the Eastern Cape High Court Division, Grahamstown, against the judgement given within which the Applicant was struck from the roll of attorneys due to his misconduct (“the Application”). The main ground upon which the Applicant applied for leave
Case Note: Globe Motors Inc v TRW Lucasvarity Electric Steering Ltd [2016] EWCA Civ 396
Wednesday, 14 June 2017
Summary TRW Lucasvarity Electric Steering Ltd (“TRW”) produced electric power assisted steering systems for several car manufacturers. In 2001, TRW entered into an exclusive supply agreement (the “Agreement”) with Globe Motors Inc (“Globe”) wherein Globe supplied TRW with components used in the production of a certain type of motor (referred to as the “Gen 1
- Published in 2016, Commercial Law
Case Note: Van Antwerp And Another v Chimusaru (17952/2016) 2017 ZAGPJHC 87 (16 March 2017)
Wednesday, 14 June 2017
Summary The Gauteng Local Division partially enforced a restraint of trade, having particular regard to the scope of an employee’s work and knowledge and use of a customer list belonging to his former employer, rather than the geographical application and the duration of the restraint per se. The Applicant runs a country-wide business of repairing
- Published in 2017, Labour Law
Case Note: Engelbrecht v Coleman and Another (20951/2016) [2017] ZAGPJHC (2 February 2017)
Thursday, 08 June 2017
Summary This case concerns the Court’s role in issuing directions/making an order with regards to the valuation of, and determination of the fair value of the shares in the Company where there is a deadlock between shareholders. Therefore, the applicability of s163(2)(e) of the Companies Act 71 of 2008 (“the Act”) is challenged insofar as
- Published in 2017, Commercial Law, Labour Law
Case Note: Snyers v Mgro Properties (Pty) Ltd (20816/2014) ZASCA 151 (30 September 2016)
Monday, 24 October 2016
Summary The Supreme Court of Appeal (the “Court”) handed down judgment in a matter concerning the eviction, under the Extension of Security of Tenure Act 62 of 1997 (“ESTA”), of a farm worker and his family having particular regard to whether or not eviction notices were properly served on him while his labour dispute was
- Published in 2016, Labour Law
Case Note: Land Access Movement of South Africa and Others v Chairperson of the National Council of Provinces and Others (CCT40/15) [2016] ZACC 22 (28 July 2016)
Thursday, 20 October 2016
Summary This case dealt with the constitutional validity of the Restitution of Land Rights Amendment Act (“the Amendment Act”). The aim of the Act was to revive the lodgement of land claims in the Post-Apartheid era. The Applicant’s case was two-fold. The primary challenge sought a declaration that the Amendment Act, in its entirety, was
- Published in 2016, Other, Property Law
Case Note: KwaZulu – Natal Law Society v Moodley and Another (7037/2014) [2016] ZAKZPHC 25 (26 February 2016)
Friday, 29 April 2016
Summary The Applicant was seeking to strike off the First Respondent from the roll of attorneys on account of her not being a fit and proper person to practise as an attorney. The First Respondent faced four counts of professional misconduct namely: 1. A contravention of s 70(2) of the Attorneys Act No. 53 of
Case Note: Spring Forest Trading 599 CC v Wilberry (Pty) Ltd t/a Ecowash & Another
Thursday, 28 April 2016
Summary This case concerns an appeal to the Supreme Court of Appeal (SCA) wherein the court upheld an appeal against a decision of the High Court of KwaZulu-Natal. The High Court a quo found that it was not permissible for a written agreement, which required cancellation to be in writing and signed by the parties,
- Published in 2016, Commercial Law, Other
Case Note: The Use of an Agent for the Signature of Notarial Documents
Tuesday, 05 April 2016
Summary The abovementioned cases consisted of two applications for the registration of nuptial contracts subsequent to marriage in the Deeds Office. In Ex parte Moodley (the “First Case”) the Applicants had signed a nuptial contract prior to their marriage and same was not registered within the period prescribed by the Deeds Registries Act 47 of
- Published in 2016, Conveyancing
