Government of Western Cape: Department of Social Development v C B and Others (1220 of 2017) [2018] ZASCA 166 (30 November 2018)

Breach of fiduciary duty by trustee – trustee acquiring property from trust – concealing from other trustees existence of an opportunity to sell property to third party at a profit – trustee nominating company owned or controlled by him to acquire property – company reselling property at a profit – allegation that company knowingly participated in trustee's breach of trust is an allegation that company acted wrongfully – pleading not excipiable

Contract – interlinked contracts for sale of pork products – prices in sale contract market related – parties unable to reach agreement on price – no consensus – contractual arrangement ended – counterclaim for breach of contract – party allegedly failing to adjust prices – not giving written notice of inability to do so – not proved – delict – unlawful competition – use of confidential information to poach customers – not established – appeal dismissed.

Nursery school – place of care in terms of Child Care Act 74 of 1983 – child injured when playing on swing in playground – defective design and construction of swing rendering it dangerous – whether Minister owed a legal duty to children in places of care to take reasonable steps to ensure safety of equipment – whether Minister liable for damages suffered by injured child.