Policy first, levies later: Why SANRAL’s ‘sweat the assets’ plan failed in court A Trust and its partners planned to develop a fuel station and rest-service area along the N12. Negotiations with SANRAL began under a 2016 policy that levied 0.5% on...
When arbitration confidentiality ends: Lessons from the MV Smart Case The National Ports Authority, a division of Transnet, is being sued in admiralty for about USD 110 million after the bulk carrier MV Smart grounded near the entrance to the Port of Richards...
Misrepresentation on adjudicator nomination forms: A reminder to be precise Can a statement on a form derail an entire adjudication? The short answer is, yes. The English court recently confirmed that an inaccurate statement on an adjudicator nomination form can...
Silenced for speaking up: Whistleblower’s fight for justice ends in victory The High Court ruled in favour of Ms Chantel Sharlene Pillay, a former finance and administration superintendent at Samancor Chrome Limited. The court found that Ms Pillay was subjected...
Discovery battles in software copyright litigation: Taskflow v Aluxium In two recent judgments, Taskflow (Pty) Ltd v Aluxium (Pty) Ltd and Others and Aluxium (Pty) Ltd and Others v Taskflow (Pty) Ltd, the Gauteng Division of the High Court tackled the complex...
Adjudication challenges in construction contracts: Lessons from Muzzy v Davis Can a contractor challenge an adjudicator’s decision because of procedural fairness or jurisdiction? The recent UK case of Construction Muzzy Ltd v Davis Construction offers valuable...
