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: 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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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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CASE NOTE : ELLIS AND ANOTHER V CILLIERS N.O AND OTHERS (16936/11) [2015] ZAWCHC 145 (9 October 2015)

SUMMARY The case deals with an application which was brought to court on an urgent basis in 2011 for the restitution of the plaintiffs’ purchase price and the defendants’ property: a wooden house (the “res vendita”) due to structural defects (unlevel floors and ceiling). The Court a quo referred the matter to trial during which
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