High Court of South Africa South Gauteng, Johannesburg - 2017

Interlocutory application: (a) Discovery, inspection and
production of documents – to compel production of documents requested under rule 35(3) of the Uniform Rules of Court - a probability has not been shown to exist that defendant is either mistaken or false in his assertion of irrelevance or in his assertion that certain documents no longer in his possession and their whereabouts unknown to him.

(b) Further particulars - to compel the furnishing of adequate further particulars requested under rule 21 - particulars requested not strictly necessary to prepare for trial. Application dismissed.
Interlocutory counter-application: Discovery, inspection and production of documents – to compel production of documents requested under rule 35(3) of the Uniform Rules of Court - a probability has not been shown to exist that plaintiffs either mistaken or false in their assertion of irrelevance. Evidence – Privilege – Legal professional privilege – Rule that document once privileged always privileged part of our law – Privilege extends to consultation notes by plaintiffs’ attorneys made during consultation with witness in preparation for hearing of unrelated legal proceedings - consultation notes remain subject to privilege and plaintiffs not obliged to disclose them. Counter-application dismissed.
 

Principal and agent – Claim by estate agent – whether buyer
had given mandate to estate agent – whether estate agent who introduces buyer to a property and to the seller, where sale is concluded directly between buyer and seller, is effective cause of the sale and entitled to commission – whether estate agent entitled to the standard or prevailing rate of commission.
 

An accident between a vehicle and a motorcycle at an intersection,
(T junction). The insured driver was negligent by failing to keep a proper look out and undertook an inherently dangerous move without sufficient care. The Court found that the action of the insured driver was the sole cause of the collision as a result of which the Plaintiff sustained his injuries

Customs and Excise. Review of determination made by Commissioner.
Such distinct from appeal procedure provided for in Customs and Excise Act, the latter which does not oust a common law review. Condonation for the late filing of a review granted when not opposed on any factual basis.
Review of decision or determination subject to ordinary principles of review.
In order to rely on the ground that the decision maker failed to furnish any or inadequate reasons an aggrieved person should utilise the provisions of s 5(1) of PAJA, unless 5(5)(6) applies and the automatic furnishing or reasons is applicable.

Contract – Remedies on breach – Cancellation on account of
malperformance.
Burden of proof - in accordance with the general rule, he or she who asserts must prove, onus of proving cancellation ‘unlawful’ on party asserting it, in this instance the plaintiff – it is only if cancellation is unlawful that, in casu, it can amount to a repudiation of the agreement.
Breach by independent service provider of service level agreement so serious as to justify cancellation by innocent party.

Contract – composite agreement providing for sale of land and the construction of a dwelling house in a residential development – whether underlying agreement for the sale of land and transfer of ownership valid – whether building part of the agreement valid and enforceable – whether composite agreement validly cancelled. Appeal dismissed with costs.