Category: DN Unterhalter

Disputed arbitration agreement: Adopt robust approach

Canton Trading 17 (Pty) Ltd t/a Cube Architects v Fanti Bekker Hattingh NO Disputed arbitration agreement considered by SCA and decided to refer the matter back to the high court based on the following: “However, where the...

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Absolution from instance: Test to be applied

NJ v Minister of Justice and Correctional Services SCA allowed the appeal against the order granting absolution from the instance and referred to a further aspect of the evidence to which the high court did not have proper...

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Contractual interpretation considered: Concept of good faith

Capitec Bank Holdings Ltd v Coral Lagoon Investments 194 (Pty) Ltd Contractual interpretation considered and question is whether courts are permitted to impose agreements that parties did not make – whether in the cause of good...

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Recruitment age discrimination: Differentiation justified

SA Navy v Tebeila Institute of Leadership, Education, Governance and Training In allowing the appeal the SCA in dealing with recruitment and alleged upper age discrimination referred to the policy which explains that the defence...

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Trade mark confusion: Determining possible deception?

Swatch AG (Swatch SA) v Apple Inc SCA dealt with trade mark confusion and outlined the relevant considerations when comparing two marks to determine whether they are deceptively or confusingly similar and referred to...

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Good faith principle: Informed understanding of rights

Mitsubishi Hitachi Power Systems Africa (Pty) Ltd v Murray and Roberts Ltd Good faith principle enforced and refusal to disclose fails to accord with requirements of good faith, cooperation and trust because it would leave...

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Irrevocable shareholder undertakings: Valid and enforceable?

Women in Capital Growth (Pty) Ltd v Scott SCA decided matter in chambers and without argument and considered irrevocable shareholder undertakings provided on behalf of a company and after finding that the issues were moot,...

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Adjusting levies considered: Exclusive use of gardens areas

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Arbitrators’ notes privileged: Disclosure not required

Zamani Marketing and Management Consultants (Pty) Ltd v HCI Invest 15 Holdco (Pty) Ltd Arbitrators notes ‘privileged’ and high court decided that “. . . , as a general matter, the arbitrators’ notes are too...

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Preserving information application: Norwich Pharmacal relief granted

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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