Published judgments
42 judgments
- JPS Nominees v Binstockbederfriedland.co.za/judgements/JPS_Nominees_v_Binstock.pdfCross-border · Insolvency
Sequestration sought against Israeli citizens; referred to trial on whether they had consented to the court's jurisdiction.
A father's application to set aside an adoption order six years after it was granted, outside the two-year statutory period.
Reconsideration of a search-and-seizure order, in which the firm acted as supervising attorneys; the order was set aside because its search terms were too broad.
- ACSA v Tswelokgotsobederfriedland.co.za/judgements/Judgement_Tswelokgotso_Trading_And_Airports_Co.pdfProcurement · Legality review
A state-owned company's attempt to review its own tender award was dismissed with costs.
- Zethu Consulting v Ekurhuleni Metropolitan Municipalitybederfriedland.co.za/judgements/Zethu_v_Ekurhuleni.pdfProcurement · Municipal
A claim under a flawed municipal tender; the agreement was set aside on a legality review and a partial refund ordered.
- Nonyane N.O. v Kotzenbederfriedland.co.za/judgements/Judgement_Nonwayne_Kotzen.pdfInsolvency · s 341
The interpretation of section 341 of the Companies Act on share disposals during provisional liquidation.
A search order under the Insolvency Act and the powers of a trustee.
- Extel and Crown Millsbederfriedland.co.za/judgements/Extel_And_Crown_Mills_Judgement.pdfCommercial · Bribery
A commercial claim that failed because it rested on a bribe.
- Liberty Life and Katsapasbederfriedland.co.za/judgements/Liberty_Life_and_Katsapas_Judgment.pdfDefamation · Interdict
An application to restrain a third party from defaming a company.
A trial on the interpretation of banking documents in which the plaintiff recovered a breakage fee.
Possession of a factory restored after a landlord resorted to self-help.
- Lee v Chelston Hall Body Corporatebederfriedland.co.za/judgements/Lee_v_Chelston_Hall_secuirty_of_costs_and_Judges_discretion.pdfSecurity for costs
The court exercised its discretion to refuse an application for security for costs.
An application to wind up a close corporation, successfully opposed because the applicant was neither a shareholder, director nor creditor.
- Van Niekerk v Van Niekerkbederfriedland.co.za/judgements/Van_Niekerk_v_Sweepa_et_al.pdfAnton Piller · Appeal
A father-and-son business dispute (Sweepa) that led to an Anton Piller order for the search, seizure and preservation of evidence.
- Bock v Duburoro Investmentsbederfriedland.co.za/judgements/Bock_et_al_ats_Dubororo.pdfSuretyship · Appeal
The firm represented one of the parties in an appeal about the release of sureties and giving effect to an execution against pledged shares.
- TMS Steel v Wessel & Watson Steelbederfriedland.co.za/judgements/TMT_v_Wessel_and_Watson.pdfContract
Interpreting a sale agreement to give it business efficacy.
- SweeCo v Erdmann and othersbederfriedland.co.za/judgements/SweeCo_and_2_Others_vs_Erdmann_and_8_Others_Judgement.pdfCommercial · Ownership
A dispute over the ownership of certain moulds.
An Anton Piller application to search for and seize moulds, to found a claim for damages.
- Benson & Hedges v B & H Photo & Videobederfriedland.co.za/judgements/Bension_and_Hedges.RTFTrade marks · Unlawful competition
A large company's trade mark infringement and unlawful competition application to stop a small trader from using its name was dismissed.
- Blumenthal v City of Johannesburgbederfriedland.co.za/judgements/Blumenthal_v_CoJ.pdfRescission · Municipal
The City of Johannesburg applied to rescind a default judgment it had allowed to be taken against it.
- Quits Aviation v Empiric Engineeringbederfriedland.co.za/judgements/Quits_v_Empiric.pdfCross-border · Contempt
The third of three judgments. After an attachment to found jurisdiction over an overseas company was set aside, committal for contempt was refused, but the court ordered the goods returned because no case was pending any longer.
- Empiric Engineering v Quits Aviationbederfriedland.co.za/judgements/Empiric_Judgement.pdfCross-border · Attachment
The second of three judgments: an order attaching goods to found jurisdiction was reconsidered and set aside for incomplete disclosure.
Contempt proceedings against ACSA over a tender at O.R. Tambo International Airport; a postponement to join a third party was refused.
- Tswelokgotso v ACSA (appeal)bederfriedland.co.za/judgements/TTE_v_ACSA_Appeal_Judgement.pdfContempt · Appeal
On appeal in a contempt application, the court found that by amending its papers the applicant could no longer seek a jail sentence.
- Overrox v Pan African Shopfittersbederfriedland.co.za/judgements/PAS_v_Overrox.pdfCommercial · Bribery
A demurrage claim failed for lack of documents and because it rested on a “facilitation fee” that was a bribe; the court relied on the Extel judgment, where the firm had been on the losing side.
Applications heard together on spouses married in community of property when a sequestration order is sought.
The sale of a property in which the purchaser nominated a third party as purchaser, and when a court will lift the corporate veil.
An exception that the summons was vague and embarrassing was dismissed.
- Alpine Ecotech v Capital Acceptancesbederfriedland.co.za/judgements/Alpine_Echotech_v_Capital_Acceptances.pdfAttachment · Dispute of fact
An application for the return of equipment attached by a third party failed on a dispute of fact about ownership.
- Maragela v LSC Civilsbederfriedland.co.za/judgements/SC_Civils_Judgement_Mashile_J.pdfExecution · Appeal
After a default judgment and a lapsed appeal, the defendant's urgent application to stay and set aside the execution was dismissed.
An opposed winding-up application that was granted.
- Tshepang v Mokgolokwanebederfriedland.co.za/judgements/Tshepang_v_Mokgolokwane_winding_up.pdfInsolvency · Liquidation
An opposed liquidation application in which a provisional liquidation order was granted, after an earlier round failed for lack of urgency.
An opposed eviction application in which the applicant obtained the order sought.
- ACSA v Tswelokgotso (amendment)bederfriedland.co.za/judgements/ACSA_Amendment_Judgement.pdfAmendment · Prescription
An opposed application by ACSA to amend its particulars of claim, resisted on prescription and related grounds.
- PHPM v Roussousbederfriedland.co.za/judgements/PHPM_Roussous_Opposed_SJ.pdfSummary judgment · Property
An opposed summary judgment based on the PROCSA agreement, in which the defendant was granted leave to defend.
An appeal on jurisdiction, one of a series of cases between the same parties.
- Sparta Pharmaceuticals v DB Finebederfriedland.co.za/judgements/JUDGMENT_CN_2022-26447_-_05_OCTOBER_2023_-_SCHOLTZ_AJ.pdfSummary judgment
Summary judgment under the amended rules, which require the plaintiff to engage with the defendant's plea.
- Symes N.O. v De Vries Attorneysbederfriedland.co.za/judgements/F-07jul2023symesjdgmt.pdfInsolvency · s 341
Liquidators sought repayment under section 341(2) of the Companies Act of money an attorney received between the launch of the liquidation application and provisional liquidation, where the court has a discretion. Leave to appeal to the Supreme Court of Appeal was granted, and the appeal was later settled.
Leave to appeal judgmentbederfriedland.co.za/judgements/JUDGMENT_-_CN_2022-011114_-_22_FEBRUARY_2024_-_ENGELBRECHT_AJ.pdf
- Vonopartis v Dharamrajbederfriedland.co.za/judgements/Vonopartis_v_Dharamraj.pdfContract · Arbitration clause
A claim on a breached share sale agreement; the arbitration clause did not apply because the claim was for a liquidated amount and there was no real dispute.
A trial in which the plaintiff was granted specific performance despite the argument that its pleadings did not match the evidence; an application for leave to appeal is pending in the Supreme Court of Appeal.
- Heads Tractor v Tswelokgotsobederfriedland.co.za/judgements/Heads_Tractor_v_TTE_Case.pdfTrial · Acknowledgment of debt
A trial on a money claim under a disputed acknowledgment of debt, with a counterclaim for the return of a tractor; the plaintiff succeeded, and leave to appeal was later granted.
Leave to appeal judgmentbederfriedland.co.za/judgements/TTE_Leave_for_Appeal.pdf
An opposed exception in which all of the defendants' exceptions to the particulars of claim were dismissed with costs, the court holding that the particulars disclosed a cause of action.
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