Latest 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