Case Studies
3 August 2026
A Disclaimer Is Only as Good as Its Signature: The SCA on Exemption Clauses, Agency and the CPA in Tourvest Holdings v Murti
A signature obtained from the wrong person creates no contract. The Supreme Court of Appeal considers exemption clauses, authority between partners, and the notice standards the Consumer Protection Act demands of operators running activities that carry real risk.
1 January 2026
Applications to Set Aside Arbitration Awards
One of the topics we have discussed before is when a court will intervene and set aside an arbitration award. The legal principles governing such applications are well established. As a general rule,
1 November 2024
What is meant by a ‘reasonable prospect’ of business rescue?
The first time the Supreme Court of Appeal had to deal with the concept of business rescue was in the matter of Oakdene Square Properties (Pty) Ltd v Farm Bothasfontein (Kyalami) (Pty) Ltd (609/2012)
1 November 2024
When will liquidation proceedings be suspended by a business rescue application?
The crisp issue that was decided by the Supreme Court of Appeal in the matter of Lutchman N.O. and Others v African Global Holdings (Pty) Ltd and Others was when exactly a business rescue application
1 November 2024
Beware of this CSOS Appeal Pitfall
In Hanekom N O and Others v Nuwekloof Private Game Reserve Farm Owners Association a trust referred a levy dispute with a Homeowners' Association ("the HOA") to the Community Schemes Ombud Service
1 February 2024
An arbitrator’s right to be wrong.
In a judgment handed down earlier this year, the South Gauteng High Court restated the legal principles for reviewing an arbitration award. Any party who seeks to challenge an arbitration award under
1 January 2024
Arbitration and the Limits of Judicial Review: Telcordia v Telkom
- A Brief Overview of the SCA's Landmark Ruling In Telcordia Technologies Inc v Telkom SA Ltd 2007 (3) SA 266 (SCA), the Supreme Court of Appeal reaffirmed the limited role courts play in reviewing
1 January 2024
Credibility Wins Cases: Lessons from Rippel v ABSA Brokers
As a young attorney, I had the privilege of acting as attorney of record for ABSA Brokers in Rippel v ABSA Brokers (Pty) Ltd (3198/2009) [2009] ZAKZDHC 49 (30 October 2009). The case serves as an
1 January 2024
When Arbitrators Overstep: A Caution from the SCA
In the 2007 case of Gutsche Family Investments (Pty) Ltd and Others v Mettle Equity Group (Pty) Ltd and Others [2007 (5) SA 491 (SCA)], the Supreme Court of Appeal delivered a key ruling on the