CASE IN POINT – JANUARY 2020 We’d like to warmly thank Mr Alistair Hay for sharing these compelling case reports with us. Mr Alastair Hay is an admitted attorney and a senior partner at Cox Yeats Attorneys. He is a Notary Public, holds a certifica... read more
CASE IN POINT – MARCH 2020 TERMICO CASE ANALYSIS– JUDGMENT OF THE SUPREME COURT OF APPEAL Termico (Pty) Ltd v SPX Technologies (Pty) Ltd & others; SPX Technologies (Pty) Ltd v Termico (Pty) Ltd (418/2018) [2019] ZASCA 109 The background Th... read more
CASE IN POINT – MAY 2020 This regular column features interesting and informative case reports and judgments. We invite you to add to our growing collection of case reports but, for now, we’re pleased to share with you the Zamani case analysis. ZA... read more
CASE IN POINT – JULY 2020 Erratum In the last e-periodical (May 2020) of Arbitrarily Speaking, the Zamani[1] case was twice erroneously referred to as a judgment of the Supreme Court of Appeal (SCA). It was in fact a judgment of the High Court of ... read more
CASE IN POINT – SEPTEMBER 2020 This regular column features interesting and informative case reports and judgments. We invite you to add to our growing collection of case reports but, for now, we’re pleased to share two case analyses with you: Eku... read more
CASE IN POINT – NOVEMBER 2020 This regular column features interesting and informative case reports and judgments. In this addition, we’re pleased to share an analysis of the Supreme Court of Appeal’s recent judgment in Namasthethu Electrical ... read more
CASE IN POINT – FEBRUARY 2021 This regular column features interesting and informative case reports and judgments. This edition features an all-important judgment of the UK’s Supreme Court of Appeal in Halliburton Company v Chubb Bermuda Ins... read more
CASE IN POINT – APRIL 2021 TO SUPPORT OR NOT TO SUPPORT INTRODUCTION What duty of lateral support does a property owe to its neighbouring properties? Our law has from time immemorial imposed a duty of lateral support on properties with a concomitant... read more
CASE IN POINT – JUNE 2021 JOINT VENTURE BETWEEN AVENG (AFRICA) (PTY) LTD AND STRABAG INTERNATIONAL GMBH V SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LTD AND ANOTHER [2019] 3 ALL SA 186 (GP) (AVENG-STRABAG) INTRODUCTION AND FACTUAL BACKGROUND The partie... read more
CASE IN POINT – AUGUST 2021 JOINT VENTURE BETWEEN AVENT (AFRICA) (PTY) LTD AND STRABAG INTERNATIONAL GMBH V SOUTH AFRICAN NATIONAL ROADS AGENCY SOC LTD AND ANOTHER 2021 (2) SA 137 (SCA) (AVEN-STRABAG-SCA) INTRODUCTION AND BACKGROUND This judgment by... read more