Court : South Africa Supreme Court of Appeal
..... even positive injustice to individuals?.14 [23] the central feature of the decision in cook was that the adjudication of the claims against muller involved the same issue, namely whether there had been a breach of the underlying agreement entitling muller to avoid payment of the promissory notes, as the adjudication of mullers claim for damages. ..... sachs family, that is, of himself, his father and his brothers, but is described in para 8 of the claim in israel as the person with whom the plaintiff [caesarstone] was corresponding in all matters related to the heads of agreement in this claim, as well as the general manager of [womag].22curiously in the statement of defence filed on his behalf in those proceedings he does not object to his joinder, or draw attention to the fact that he signed the agency ..... the supreme court, muller was claiming damages for breach of the underlying agreement. ..... it alleges that since the conclusion of the agency agreement womag and the sachs family have failed to fulfil their obligations under the agreement and acted in a way that has created friction with caesarstones nominated ..... a detailed agreement based on the declaration of principles was to be signed covering two periods of five years each, with a possible further extension of five years on condition that the agent fulfilled its obligations under the detailed agreement. ..... under the detailed agreement womag would receive a commission on the fob price of all sales made by caesarstone to the newly appointed .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... held in progress office machines cc v south african revenue service and others,80that south africas obligations under the anti-dumping agreement were binding and the constitutional court endorsed that in scaw metals.81accordingly when the duties in issue in this case were imposed south africa was under an obligation in international law to terminate them by not later than five years from their imposition. ..... however, in terms of south africas international obligations under the agreement on implementation of article vi of the general agreement on tariffs and trade 1994 (the anti-dumping agreement) any definitive anti-dumping duty shall be terminated on a date not later than five years from its imposition.79accordingly when the duties in issue in this case were imposed south africa was under a binding international obligation to limit their duration to a date not later than five years from ..... that regulation 53.1 was a necessary step under the anti-dumping agreement to secure compliance with south africas obligations under that agreement. ..... [11] the principle underlying the wto agreement is that anti-dumping duties are exceptional measures that are to be imposed only in an amount, and for so long as, they may be required to counter injury to the ..... international trade administration act, remained much the same as the earlier regime i have described, but with some important changes that were clearly aimed at giving effect to the obligations assumed by this country under the wto agreement. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... was no longer vindicatory but premised on enrichment the condictio ob turpem vel iniustam causam a remedy available to a plaintiff who innocently transfers money to a defendant under an agreement which, to the knowledge of the defendant, is illegal. ..... as a customer of absa, immediately acquired the new right to the money in his account, which was enforceable against the bank when ownership passed to it, despite the absence of valid causa ie a valid underlying agreement. ..... to both the agent and dumas, whitehead had been under arrest for fraud in the united kingdom at the time; so the planned meeting between the parties to finalise the detail of the investment agreement did not take place. ..... case the enrichment claim was sought to be enforced against absa even though it was not party to the agreement between dumas and whitehead. ..... insofar as money in specie is involved is transferred from the transferring bank to the collecting bank, which must account to b in accordance with their bank-customer contractual relationship.9this is so even where a was induced to enter into an agreement through bs fraudulent misrepresentation. ..... it instructed the bank to pay an amount of just under r13 million to one of its creditors, tsw, but mistakenly gave the bank the incorrect ..... the circumstances under which r obtained the money the taking of the moneys having been nothing short of theft thirion j held were such as to deprive its delivery of any legal effect.19in other words the bank acquired .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... to the debtor, it is agreed that an event of default in respect of anyone of the facilities and/or agreements, will also automatically constitute an event of default and breach in respect of the remaining facilities and/or agreements, and that the total cumulative outstanding balance in respect of all facilities and/or agreements, together with the accrued interest will immediately become payable, notwithstanding that the due date therefore may not have ..... where khula and amavulandlela are parties to more than one loan agreement, which is the case in this appeal, and amavulandlela defaults in its repayment in respect of any one of the agreements, the cumulative outstanding balance in respect of all agreements will immediately become payable despite the fact that the due date ..... on specified dates does not detract from the fact that the full balance of the loan could only be claimed during the existence of the loan agreement if amavula [amavulandlela] had been given written notice in terms of clause 14.1 to remedy its default within 15 days and if it had failed ..... concerned with only two of these defences: first, the appellants action in respect of the second loan agreement was instituted prematurely and is therefore unenforceable; second, the conduct of the appellant prejudiced the respondents as ..... outstanding may, at the option of khula, immediately become payable in full and khula may, without detracting from any other rights which it may have in law or under this agreement: . . . .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... that its contract with each of summer season and central lake contained in clause 15.1 a pactum de non cedendo in these terms: 'you shall neither cede any of your rights nor assign any of your obligations under this agreement without our prior written consent'; (b) contended that the central lake resolutions were ineffectual and could not be relied upon by the central lake liquidators for their authority to conclude the central lake cession ..... these principles do not, however, apply where the right is created with a restriction against alienation, and the restriction is contained in the very agreement recording the right, for in such a case the right itself is limited by the stipulation against alienation and can be relied upon by the debtor for whose benefit the stipulation was made. ..... it stipulates that neither of them shall cede or assign any of their obligations under their respective agreements with frb without the prior written consent of the latter. ..... the language could not have been clearer - it proclaims in emphatic terms: 'you shall neither cede any of your rights nor assign any of your obligations under this agreement without our prior written consent'. ..... here, on the plain and ordinary meaning of the words used, it cannot be doubted, i consider, that it was the intention of the parties to the agreements, when they concluded them, to render all rights acquired by summer season and central lake under those agreements non-transferable. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... that its contract with each of summer season and central lake contained in clause 15.1 a pactum de non cedendo in these terms: 'you shall neither cede any of your rights nor assign any of your obligations under this agreement without our prior written consent'; (b) contended that the central lake resolutions were ineffectual and could not be relied upon by the central lake liquidators for their authority to conclude the central lake cession ..... these principles do not, however, apply where the right is created with a restriction against alienation, and the restriction is contained in the very agreement recording the right, for in such a case the right itself is limited by the stipulation against alienation and can be relied upon by the debtor for whose benefit the stipulation was made. ..... it stipulates that neither of them shall cede or assign any of their obligations under their respective agreements with frb without the prior written consent of the latter. ..... the language could not have been clearer - it proclaims in emphatic terms: 'you shall neither cede any of your rights nor assign any of your obligations under this agreement without our prior written consent'. ..... here, on the plain and ordinary meaning of the words used, it cannot be doubted, i consider, that it was the intention of the parties to the agreements, when they concluded them, to render all rights acquired by summer season and central lake under those agreements non-transferable. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... expire at midnight on 31 march 2010; saa retained an option to renew the agreement for a further five years after the initial expiry of the agreement; assets and inventory of saa pertaining to the transferred services were sold to lgm and, on termination of the outsourcing agreement, saa would be entitled to repurchase the assets and inventory of lgm dedicated to providing the services under the agreement; lgm and saa agreed that transferred employees were deemed to have been ..... was administered by a joint executive committee comprising representatives of saa and lgm and of importance to the present dispute was a provision in the agreement (clause 27) that saa retained the right to transfer certain services and all functions to itself or to a third party and to obtain transfer or assignment of lgm ..... benefits that lgm was enjoying under the outsourcing agreement came to an end. ..... employed by lgm in terms of s 197(1)(b) and s 197(2)(a) of the lra;4lgm was afforded the access which was reasonably required to render the services, to use the office space, workshops, the airport apron, computers and the network of saa at all designated airports; lgm was entitled to an annual fee for rendering the outsourced services to saa; the agreement .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... the court would assume that generally parties intended to have all their disputes under an agreement determined by the same tribunal not some disputes by an arbitrator and ..... several findings: that there were numerous disputes of fact relating to the fraudulent conduct of north east, and the conclusion of the settlement agreement, that could not be resolved on the papers before it; that the arbitration clause was part of the agreement and had no separate existence; that the allegations of fraud were not wholly unfounded on the banks version; that the arbitration clause did ..... meetings (in terms of clause 19.2 of the agreement) which the bank refused to attend, launched an application in the high court for an order that a dispute existed as to whether the settlement agreement was void ab initio; that the dispute was arbitrable in terms of clause 19.1 of the agreement; and that a dispute between the parties regarding the quantum of a payment to be made under the settlement agreement was also arbitrable. ..... terms of the cession north east ceded its rights under various rental agreements to the bank, and agreed to offer contracts ..... in peters words, prior to concluding the settlement agreement, the bank was under the impression that the arrears had arisen primarily due ..... very fine distinctions drawn by the english courts on the basis of the use of different prepositions as was the case in heyman where lord porter drew a distinction between arising under and arising out of an agreement. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... it stipulates that such company shall be registered within 30 days and that it shall have as its objects the adoption or ratification of the agreement and that all members of that company shall bind themselves jointly and severally in favour of the seller for the implementation of the obligations of the purchaser. ..... [24] plainly what was envisaged is that once the companies in due course accepted the benefits under the agreement, the appellant personally would have fallen out of the contract completely. ..... during the subsistence of this agreement the purchaser shall not cede, assign, transfer or make over any of his rights under this agreement, nor shall he sell, alienate, lease or in any other way deal with the property hereby sold without the written consent of the sellers, which consent shall not unreasonably be withheld. 14. ..... the company or companies shall have as one of its or their objects the adoption and ratification of this agreement and all members of the company shall bind themselves jointly and severally towards the seller for the due implementation of the obligations of the purchaser under this deed of sale. ..... that description of the purchaser thus left no room for the appellant to nominate himself or any other natural person to benefit under the agreement. ..... the identificatory heading of the deed of sale does not refer to the appellant personally as the purchaser but to third parties who were to benefit under the agreement. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... ) 130.debt procedures in a court (1) subject to subsection (2), a credit provider may approach the court for an order to enforce a credit agreement only if, at that time, the consumer is in default and has been in default under that credit agreement for at least 20 business days and (a) at least 10 business days have elapsed since the credit provider delivered a notice to the consumer as contemplated in section 86 (9), or section 129 (1), as the case may be; (b) in the case of a notice contemplated in ..... the consumer in writingand propose that the consumer refer the creditagreement to a debt counsellor, alternative dispute resolution agent, consumer court or ombud with jurisdiction, with the intent that the parties resolve any dispute under the agreement or develop and agree on a plan to bring the payments under the agreement up to date; and (b) subject to section 130 (2), may not commence any legal proceedings to enforce the ..... context in which absa sought default judgments [37] absa sought default judgment against four defendants (consumers) (in three separate matters), having instituted action to enforce its rights under written agreements of loan, all secured by mortgage bonds over the consumers properties. ..... bank had thus on the face of it done what this court in rossouwconsidered was sufficient to draw the attention of the sebolas to its proposed action for payment of the full amount outstanding under the loan agreement, and for an order that the property was executable. .....
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