Case Note: CSARS v Capstone 556 (Pty) Ltd (20844/2014) [2016] ZASCA 2 (9 February 2016)

Summary Capstone (“the Respondent”) acquired shares as a result of restructuring a JSE listed company, namely Profurn Limited (“Profurn”). During 2001, Profurn found itself in serious financial difficulty and so a “rescue plan” was formulated to rescue Profurn. The rescue plan was complicated and involved high risks that required approximately 5 years to implement. At
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Case Note: Coughlan NO v Road Accident Fund 2015 (4) SA 1 (CC)

Summary Three minor children lived with their maternal grandparents, while their mother lived separately but supported them financially. The children’s father had died and the mother was the sole breadwinner of the family. The mother was killed as a result of a motor vehicle collision and the children’s grandparents applied to the Children’s Court to
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Case Note: Lab-Cor Trading (Pty) Ltd v Blignaut (A643/2014) [2015] ZAGPPHC 357 (8 May 2015)

Summary The Appellant’s claim is based on a written agreement of sale for immovable property entered into between the Respondent and the Seller which was dismissed by the Court a quo. The Appellant relied upon clause 3.4 of the agreement which read that should the sale be cancelled as a result of a defaulting party,
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Case Note: Chauke v The State (578/2015) [2015] ZASCA 181 (30 November 2015)

Summary The Appellant was charged with two counts of murder for the killing of a woman and her granddaughter. He was convicted and sentenced to life imprisonment on both counts by the trial court and now appeals against both his conviction and sentence. At the appeal, the main issue was not whether the Appellant had
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Case Note: ABC Sports Management Ltd v Botha (34431/11) [2013] ZAGPPHC 427 (15 November 2013)

Summary Introduction and background facts The Plaintiff is a professional agency representing rugby players. The Defendant is Gary Botha, a professional rugby player and former Blue Bulls and Springbok Hooker at the time. On 5 October 2009, the Plaintiff (a UK based company), represented by its sole director, Mr Christian Abt, entered into a written
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Summary: The Taxation Laws Amendment Act No. 25 of 2015

Summary The Taxation Laws Amendment Act (“TLAA”) was promulgated on 8 January 2016 and will give effect to inter alia the following: • The capping and harmonisation of retirement fund contributions for tax purposes. • Closing the loophole on excessive contributions to retirement funds in order to avoid estate duty. The capping and harmonisation of
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Case Note: Potters Mill Investments 14 (Pty) Ltd v Abe Swersky & Associates and Others (7218/2006) [2016] ZAWCHC 5 (1 February 2016).

Summary “But we all know, at the same time, that mistakes are made in pleadings, and that it would be a very grave injustice, if for a slip of the pen, or error of judgement, or the misreading of the paragraph in pleadings by counsel, litigants were to be mulcted in heavy costs. That would
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Case Note: Firstrand Bank Limited v Macroton CC and Others (5541/2014) [2016] ZAKZPHC 2 (5 January 2016)

Summary In or during February 2013, Macroton CC (“the First Respondent”) concluded several agreements with Firstrand Bank Limited (“the Bank”), one of which was pertinent to the application before the Court; namely, a Short-Term Direct Working Capital Facility (“the overdraft facility”) wherein the Bank granted the First Respondent an overdraft to the sum of R900,000.00
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Case note: Mighty Solutions CC t/a Orlando Service Station v Engen Petroleum Ltd and Another (CCT211/14) [2015] ZACC 34

Summary This application for leave to appeal raises queries on the content of the law of lease. It concerns an attempt by a petrol wholesaler to evict a licensed petroleum retailer from premises in Soweto where the retailer operated a business under the wholesaler’s brand. The Applicant, is a licenced petroleum retailer in terms of
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Case Note: Stupel & Berman v Rodel Financial Services 2015 (3) SA 36 (SCA)

Summary Immovable property was sold on auction by Amber Falcon to Cross Atlantic Properties for the purchase price of R7.2 million. Amber Falcon appointed the Appellants, Stupel & Berman (“S & B”), to act as the conveyancer in the registration of transfer of the property. Pending the transfer, Amber Falcon obtained bridging finance loans from
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