City of Tshwane Metropolitan Municipality v Blair Atholl Homeowners Association (106/2018) [2018] ZASCA 176 (3 December 2018)

Reported
City of Tshwane Metropolitan Municipality v Blair Atholl Homeowners Association (106/2018) [2018] ZASCA 176 (3 December 2018)

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Documents citing this one 20

Judgment
20
Reported

Contract – approach to interpretation – good faith – consent as
a requirement for the sale of shares – past conduct as a guide to
interpretation – parol evidence rule – good faith at common law –
independent source of contractual obligation – orders requiring the grant
of consent.

Contract – breach – claim for damages for ‘loss of income’ in
relation to part of contract period – interpretation of contract – whether
appellant obliged to supply minimum number of vehicles for conversion per month – whether obligations reciprocal – whether order should have been granted separating merits and damages.

Contract – interpretation of the words ‘subject to’ certain condition
precedents – non-fulfilment of a suspensive condition in a sale agreement

Waste management licence issued in terms of the National Environmental Management Act 107 of 1998 – whether expired by effluxion of time – relevance in prevailing circumstances of a compliance notice issued in terms of the Act.

Interpretation of an employment contract: contract for fixed duration, but with right to terminate for employer and employee on one month’s notice; where employer ceased to exist, contract terminable by body that assumed liability, on one month’s notice.