CASE IN POINT – JANUARY 2020

We’d like to warmly thank Mr Alistair Hay for sharing these compelling case reports with us.

Mr Alastair Hayley

Mr Alastair Hay is an admitted attorney and a senior partner at Cox Yeats Attorneys. He is a Notary Public, holds a certificate in tax (UKZN), and invests his time pro bono by sitting as a Small Claims Commissioner on a monthly basis, which he has done for the past 32 years. He is a member of the International Bar Association, and a recognised expert in the field of construction law. He is also a specialist in corporate law in the global publication Best Lawyers (www.bestlawyers.com), published in the US. Alastair is a longstanding Fellow and a current Director of the Association of Arbitrators (Southern Africa) NPC. 

THALES SA CASE ANALYSIS
– JUDGMENT OF THE SUPREME COURT OF APPEAL

Ajay Sooklal v Thales South Africa (Pty) Ltd [2018] ZASCA 130

The background

This judgment of the Supreme Court of Appeal, delivered on 27 September 2018, has its origins in a dispute that arose in respect of payment for services rendered by the appellant, Mr Sooklal, following the controversial South African Arms Deal in which Thales South Africa (Pty) Ltd., the South African subsidiary of a well‑known French arms manufacturer, had become mired.

Download full case PDF

WIERDA ROAD WEST CASE ANALYSIS
– JUDGMENTOF THE SUPREME COURT OF APPEAL

Wierda Road West Properties (Pty) Ltd v SizweNtsalubaGobodo Inc [2018] ZASCA 95.

The background

This judgment of the Supreme Court of Appeal, delivered on 1 December 2017, has its origins in a dispute that arose out of a lease agreement in respect of the National Building Regulations and Building Standards Act 103 of 1977.

Download full case PDF