Case summary written by Tayla Bruce and checked by Jordan Dias Background:  During March 2013, Anabella Resources CC (“the Appellant”) and Genric Insurance Company Limited (“the Respondent”) entered into an insurance agreement (“the Agreement”), in terms whereof the Respondent undertook to indemnify the Appellant for loss or damage which it suffered in the event of

By Stef de Gouveia and checked by Saul Mayers     Background:  Standard Bank of South Africa Ltd (the “Applicant”) sought an order for the provisional liquidation of Bloemfontein Celtic Football Club Pty (Ltd) (the “Respondent”). The purpose of the provisional liquidation proceedings was as a result of the Respondent’s failure to effect payment of

By Sean Buskin and checked by Lauren Squier      Background This case concerns an application by the business rescue practitioner (“the Practitioner”) of Ramagale Holdings (Pty) Ltd (“Ramagale”) in order to provisionally wind-up Ramagale. The application was opposed Peter Naledzani Ramaite (“Ramaite”) and Lorenso Manenti (“Manenti”), being shareholders and directors of Ramagale.  The Practitioner

By Courtney Altmuner and checked by Caitlin Wilde       Background Ekurhuleni West College (“the Appellant”), a public college and juristic person entered into a written building contract (“the Contract”) with Trencon Construction (Pty) Ltd (“the Second Respondent”), in terms of which the Second Respondent was to build a conference centre on the premises

By Lindokuhle Mashilo and checked by Kirsten Chetty BACKGROUND This case was an appeal to the Labour Appeal Court (“LAC”), against the whole judgment of the Labour Court (“court a quo”) wherein it was held that the business rescue practitioners’ (“BRPs”) conduct, in issuing a notice in terms of section 189(3) of the Labour Relations

By Angela Paschalides and checked by Michal Asoulin Background The High Court of Justice (Queen’s Bench Division Commercial Court) (the “Court”) heard a case in which P (the “Claimant”) made an application pursuant to section 68 of the Arbitration Act (the “Act”) in respect of an award made in an arbitration in which the Claimant

By Wade O’Connor and checked by Jordan Dias BACKGROUND In 2019, the North Gauteng High Court (the “Court”), was tasked with dealing with inter alia the question of whether or not an irrevocable offer could be deemed to be revocable. On 14 May 2015, Van’s Auctioneers Gauteng CC (the “Auctioneers”), acting on behalf of the

By Justin Sloane (Partner) and Jarrod Van Der Heever (Candidate Attorney) 1. Introduction Mistakes happen – this is a part of life. However, certain mistakes are accompanied with far-reaching consequences. Individuals often seek to avoid criminal convictions due to their negative consequences. However, just because you have a criminal record does not mean that you

By Marc Barros Gevers and checked by Divina Naidoo                       Background The parties in this matter are as follows: the Plaintiff is, an adult female, named Macatsha (“the Plaintiff”); and the Defendant is the Road Accident Fund (“the Defendant”). This case, as above cited, specifically deals with a judgment on the merits, the quantum

By Kyle Venter and checked by Lauren Squier       Background The Applicant in this matter is Mr. Mlungisi Ndoda Sontsele (“the Lessor”), who is the registered owner of Erf 83, Flagstaff (“the Property”) together with his mother who has usufructuary rights over the Property.  The First Respondent is 140 Main Street, Kokstad Properties CC, a