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High Court of South Africa Western Cape, Cape Town

Currently serving on the bench:

Judge President N P Mabindla-Boqwana	Deputy Judge President P L Goliath	Judge N C Erasmus	Judge R Allie	Judge T C Ndita
Judge A Le Grange	Judge V C Saldanha	Judge C M J Fortuin	Judge M I Samela	Judge R C A Henney
Judge M J Dolamo	Judge J I Cloete	Judge B P Mantame	Judge K M Savage	Judge G Salie Da Silva
Judge L Nuku	Judge E D Wille	Judge T Papier	Judge M K Parker	Judge M Sher
Judge S Kusevitsky	Judge H M Slingers	Judge M Francis	Judge N Mangcu-Lockwood	Judge J D Lekhuleni
Judge D M Thulare	Judge C N Nziweni	Judge M Holderness	Judge M Pangarker	Judge N E Ralarala

Physical address

Physical: 35 Keerom Street, Cape Town, 8000 Post: Private Bag X 9020, Cape Town, 8001

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https://www.judiciary.org.za/index.php/courts/high-courts/western-cape-division-of-the-high-court/contact-details

1 judgment

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1 judgment

Citation	Judgment date
August 2005
Erf 1026 Tygerberg CC t/a Aspen Promotions SA v Pick 'n Pay Retailers (Pty) Ltd (2251/2004) [2005] ZAWCHC 62 (31 August 2005) Reported Plaintiff may claim indemnity for a third‑party’s loss from defendant for repudiation; exception dismissed, Rule 23 reply improper. Contract — breach and repudiation — damages — expectation, reliance and indemnity interests — claim for third‑party loss recoverable as indemnity interest — exception not competent where causation, quantum and proof are for trial; Civil procedure — Rule 23(1) — preferred remedy is amendment of pleading; further particulars/reply discouraged; argumentative material inappropriate.	31 August 2005

Citation

Judgment date

August 2005

Erf 1026 Tygerberg CC t/a Aspen Promotions SA v Pick 'n Pay Retailers (Pty) Ltd (2251/2004) [2005] ZAWCHC 62 (31 August 2005)

Reported

Plaintiff may claim indemnity for a third‑party’s loss from defendant for repudiation; exception dismissed, Rule 23 reply improper.

Contract — breach and repudiation — damages — expectation, reliance and indemnity interests — claim for third‑party loss recoverable as indemnity interest — exception not competent where causation, quantum and proof are for trial; Civil procedure — Rule 23(1) — preferred remedy is amendment of pleading; further particulars/reply discouraged; argumentative material inappropriate.

31 August 2005