Caselaw
Unlawful Arrest
This is an area of particular interest to the practice, below are some samples of the type of matters we have experience in, where we have obtained damages against various entities of the state
R75000 damages for unlawful arrest - GREENBERG V GOUWS AND THE MINISTER OF POLICE
Greenberg v Gouws NO and Another (22262/02) [2009]
and
R115 000 damages for unlawful arrest - GREENBERG V DE BEER AND MINISTER OF POLICE
Greenberg v De Beer and Another (22261/02) [2011] ZAGPJHC 66 (21 July 2011)
http://www.saflii.org/za/cases/ZAGPJHC/2011/66.html
and
R150 000 damages for unlawful arrest - CACOURIS v LEMMETJIES AND MINISTER OF SAFETY AND SECURITY
Cacouris v Lemmetjies and Another (41135/09) [2012] ZAGPJHC 76 (4 April 2012)
http://www.saflii.org/za/cases/ZAGPJHC/2012/76.html
and
R 30 000 damages for 2hrs in custody in unlawful arrest - GREENEBERG v DU PREEZ AND MINISTER OF SAFETY AND SECURITY
Greenberg v Du Preez and Another (23302/2002) [2013] ZAGPJHC 67 (31 March 2013)
R80 000 damages for 12 hrs arrest and detention - Minister of Police v Payne (A416/2017) [2018] ZAGPPHC 419 (19 June 2018)
http://www.saflii.org/za/cases/ZAGPPHC/2018/419.html
FIREARMS LAW
We acted for a NPO Gun Owners of South Africa (GOSA) that sought an interdict preventing the SAPS from removing firearms from the possession of licenced firearm owners for the sole reason that the licence had expired. The second part of the relief is to have the entire renewal process set aside whch is stil lpending before the Pretoria High Court
Gun Owners of South Africa (GOSA) v National Commisioner of Police and Another (46684/2018) [2018] ZAGPPHC 797 (27 July 2018)
http://www.saflii.org/za/cases/ZAGPPHC/2018/797.html
Negligence by the Registrar of the High Court
The below matter where the Registrar failed to produce a Court Record in an Appeal, the court found the registrar was negligent and awarded damages of R 350 000
Commercial matters
We involve ourselves extensively in the areas of The National Credit Act, and issues relating to the enforcement thereof
This below cases relate to the question of whether a Legal Manager of a Financial Institution has both authority and personal knowledge sufficient to meet the test required for a court to be able to rely upon it in granting summary judgement, in these cases the court found that a legal manager of a financial institution whose sole knowledge of a case was gained from perusing a file did not so meet the test. In this matter we acted for the Defendants and successfully Protected our clients from judgement being taken against them or had judgements rescinded
In addition, below is a pertinent Judgment as to whether non receipt of a Section 129 Notice can be cured by subsequent delivery, the Judge found in favour of our clients (Defendants) that this could not apply in the facts and circumstances of this matter
SA Taxi Securitisation (Pty) Ltd v Mthethwa and Others
(2012/11001, 2012/17723, 2013/12927) [2013] ZAGPJHC 191 (27 July
Supreme Court of Appeal
We successfully represented our client in the leading Case on the Requirements for Condonation on Leave to Appeal in the Supreme Court of Appeal
This is a decision as regards the issue of condonation in an Appeal and the factors a Court must consider, we acted for the Respondent in the matter and successfully had the Appeal dismissed:
Pogostich Business Brokers (Pty) Ltd and Another v Mcleod and Another (247/06) [2006] ZASCA 110
www.justice.gov.za/sca/judgments/sca_2006/2006_247.pdf
Constitutional Court
This is a matter related to the National Credit Act. Although the Court did not find in our client's favour, it is an important judgment as it created certainty in our law on what factors are applicable in a condonation application and also when is a credit provider entitled to enforce a loan, when the debt restructuring agreement has been breached by the debtor
Purchase and Sale and notional Delivery of movables
We acted in the leading case in the Gauteng Division on a vexed issue of what constitutes Delivery where delivery takes the form of a certificate of acceptance by a lessee and whether a financier can force a cedent to repurchase an agreement when their is an alleged breech of warranty by the Cessionary where the lessee is placed into liquidation
We recently attended to a matter involving an urgent application for an interdict, which we obtained in urgent court and were also successful on the return day when the order was confirmed. We acted for a tenant of a property who was on a month to month tenancy and obtained an order preventing third parties from disturbing his rights of tenancy
http://www.saflii.org/za/cases/ZAGPJHC/2015/127.html
We recently obtained an order where a Bank that had purchased a property at a sale in execution was interdicted from transferring a property to a new purchaser in breach of an undertaking and pending the outcome of a rescission application
Silverstone and Another v Absa Bank Limited and Others (66156/2012) [2017] ZAGPPHC 314 (5 July 2017)
http://www.saflii.org/cgi-bin/disp.pl?file=za/cases/ZAGPPHC/2017/314.html&query=silverstone
Interdicts and return of goods
This was a matter where the liquidators of a company that was indebted to our client proceeded ex parte to remove assets belonging to our client from the company in liquidation. We proceeded with an urgent application for an order to return the goods. An interim interdict was granted and the matter was referred to trial, where we successfully obtained an order declaring that the goods belonged to our client, ownership had been transferred prior to liquidation and the liquidators were ordered to return the goods to our client.
Eviction of Unlawful Occupants from Immovable Property
We also attend to eviction matters, here is a sample of a matter that is reported where we acted for the property owner and evicted the unlawful occupants
In this matter the Defendants appealed the order and the Appeal was refused in the Supreme Court of Appeal
Trademarks and Intellectual Property
We act for the entity that allegedly infringed a mark and although in the below matter at the initial hearing the court found that our client had indeed infringed, the same court has now granted leave to appeal to the Supreme Court of Appeal against the Honourable Judge's findings.