Most Recent Judgments

Summary – Review of the extension of a tender - whether the extension of the tender was irregular and unlawful - whether services were rendered under the extended tender - whether it is just and equitable for the respondent to be permitted to retain all the funds it earned from the extended tender.

Contract law – arbitration and governing law clauses in licence agreements – whether subsequent contracts replaced or rendered clauses inoperative – no variation of the licence agreements – subsequent contracts regulating different aspects of business – arbitration clause and governing law clause not invalid. 

 

Insurance claim – the principal issue was the determination of the factual and legal cause of mining equipment submerged and destroyed in a flooded mine  - one of two insurers liable- either the primary insurer in terms of all all risks policy or Sasria if the losses were caused by labour unrest – on the facts the cause of the losses was established as the conduct of striking workers who occupied the shaft, inhibited anyone atte

Close corporation - winding-up – proper interpretation of s 69 of Close Corporation Act 69 of 1984 - whether application for winding-up brought by secured creditor constituted abuse of court’s processes – unpaid creditor generally entitled to winding-up ex debito justitiae against corporation unable to pay its debts – discretion to nevertheless refuse winding-up order – whether discretion not to grant the winding-up order was properly exercised – appeal upheld.

 

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