SHAW & ANOTHER V MACKINTOSH & ANOTHER (267/17) [2018] ZASCA 53 (29 MARCH 2018)

SUMMARY During 2009, Mackintosh (“the First Respondent”) and Mabili Search & Selection (Pty) Ltd (“the Second Respondent”) concluded an oral loan agreement for the amount of R2million (“the Agreement”).  Subsequent to the conclusion of the Agreement, the parties signed a written acknowledgement of debt (“AOD”) wherein the Second Respondent, as the debtor, acknowledged its indebtedness
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Palabora Copper (Pty) Ltd v Motlokwa Transport & Construction (Pty) Ltd (298/2017) [2018] ZASCA 23 (22 March 2018).

SUMMARY Background In December 2014, a tender for the removal of waste from Palabora Copper’s (Pty) Ltd (“Palabora”) mine and smelter was awarded to Motlokwa Transport & Construction (Pty) Ltd (“Motlokwa”). This award was confirmed in correspondence (“Notice of Contract Award”) which was addressed to Motlokwa from Palabora and subsequently signed by a representative of
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Magoswana v Road Accident Fund (2467/2010) [2019] ZAECGHC 49 (23 April 2019)

SUMMARY Bongani Magoswana (the “Plaintiff”) instituted action against the Road Accident Fund (the “Defendant”) for the payment of damages arising from injuries sustained by the Plaintiff in a motor vehicle accident which occurred on 22 August 2007.  The Plaintiff alleged, in his particulars of claim, that he was a passenger in a Mercedes-Benz motor vehicle
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What is “Public” and What is “Private” in Community Schemes

Introduction This article deals with the legal issue of what “public” and “private” mean in relation to community schemes (such as a sectional title schemes, share blocks and homeowner’s associations, also known as private estates (“Estate”)). We look at the relevant laws governing the topic and explain the implications thereof. Review of Fines/Penalties in terms
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Standard Bank of South Africa Limited v Leslie and Others (JR2427/15) [2019] ZALCJHB 62 (27 March 2019).

SUMMARY This judgment concerns an application for leave to appeal prompted by Standard Bank of South Africa Limited(the “Applicant”), being opposed by Heiden Leslie (the “First Respondent”). On analysis of the factual matrix, the Applicant raised two grounds that the Court had failed to address when contemplating the evidence.  Firstly, that the Court had failed
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Unlocked Properties 4 (Pty) Ltd v A Commercial Properties CC (18549/2015) [2016] ZAGPJHC 373 (29 July 2016)

SUMMARY The Applicant in this matter was Unlocked Properties 4 (Pty) Ltd and A Commercial Properties CC, the Respondent, who were parties to a contract for the sale of immovable property, the Applicant being (the “Purchaser”) and the Respondent being (the “Seller”). As the contract was one of sale of immovable property, there was a
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Lotz v Mehleketo Resourcing (Pty) Ltd and Another (C 424/18) [2019] ZALCCT (9April 2019)

SUMMARY The Applicant (the “Employee”) was employed as a Project Manager by the Second Respondent (the “Employer”). The Employee brought an application to the Labour Court on the basis of unfair retrenchment on both procedural and substantive grounds. Within 6 (Six) months of commencing employment, the Employer noticed that the Employee lacked a critical and
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Nedbank Limited v Goosen Marketing CC and Another (EL1044/2018) [2019] ZAECELLC 12 (2 April 2019)

SUMMARY This case concerns an application for the setting aside of a default judgement granted against the Applicant (the second Defendant in the main Application) in terms of Rule 31(2)(b).   Summons was issued against the Applicant (Surety) and his Co-Defendant (Principal Debtor) for payment of a sum of R962, 992.64 plus interest and costs
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Do month to month leases constitute fixed term leases? A brief look at the differences between the two and the law that applies to it.

Introduction This article looks at the differences between month to month leases and fixed term leases and the cancellation period required to cancel the agreements. We will explore the provisions of the Rental Housing Act 50 of 1999 (hereafter “RHA”) , the Consumer Protection Act 86 of 2008 (hereafter “CPA”), Common Law and the High
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Lehman Brothers Special Financing Inc. v National Power Corporation and another [2018] EWHC 487 (Comm)(12 March 2018)

SUMMARY The claimant in this matter was Lehman Brothers Special Financing Inc. (the “Claimant”) and the defendant was National Power Corporation (the “First Defendant”). The First Defendant’s claim was subsequently transferred to the First Defendant’s successor, Power Sector Assets And Liabilities Management Corp (the “Second Defendant”). The First and Second Defendant were wholly owned and
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