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High Court of South Africa KwaZulu-Natal, Durban

The KwaZulu-Natal Division of the High Court of South Africa is a superior court of law with general jurisdiction over the KwaZulu-Natal province of South Africa. The main seat of the division is at Pietermaritzburg, while a subordinate local seat at Durban has concurrent jurisdiction over the coastal region of the province.

2 judgments
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2 judgments
Citation
Judgment date
November 2012
OMM Design Workshop CC v Segal and Another (828/2012) [2012] ZAKZDHC 84 (29 November 2012)
Arbitrator lawfully allowed amendment; arbitration clause construed broadly and application dismissed with costs.
Arbitration — scope of reference — whether an arbitrator exceeds powers by allowing amendment outside originally declared dispute — s 33(1)(b) Arbitration Act 42 of 1965.* Contract interpretation — arbitration clause construed purposively; declaration of dispute does not require hyper‑technical narrowness where parties left scope undefined.* Association of Arbitrators’ Rules — Rule 17.1 permits amendment or supplementation of statements of claim unless inappropriate due to delay or prejudice.* Arbitration Act s 3(2)(c) — high onus to show "good cause" that arbitration agreement should cease to have effect; "very strong case" required.* Jurisdiction — court of place where arbitration agreement concluded may review arbitral decisions.
 29 November 2012
Mahogany Ridge 2 Property Owners Association v Unlawful Occupiers of Lot 13113 Pinetown and Others (2673/2011) [2012] ZAKZDHC 66 (7 November 2012)
Reported
7 November 2012