Category Archives: Publications

Restraint of trade agreements – the Barkhuizen case

A recent Cape Provincial Division decision handed down by Davis J should alert corporations to the fact that the land mark Constitutional Court decision of Barkhuizen v Napier (2007 (5) SA 323 (CC)) “Barkhuizen” is already impacting on the manner in which consenting parties regulate their contractual relations. The primacy of the principle of pacta sunt servanda would appear to be no more. The… Read More »

Underlying curators’ powers and authority

The fall-out from the Fidentia disaster has had the unexpected effect of spelling out the extraordinary powers of curators. This is what came out of two court decisions, the first from the Cape High Court and the second from the Supreme Court of Appeal. The cases were Executive Officer Financial Services Board v Ovation Global Investment Services (Pry) Ltd (Ovation… Read More »

What matters is who induced the sale

Does an estate agent have a right to commission on a property he is mandated to sell, if it ends up being sold to the existing tenant who takes advantage of the first right of refusal clause in his lease? Or, in the likely words of a landlord – why should an agent benefit in circumstances when it was not the… Read More »