Litigation Lounge

An important factor that a Purchaser should always bear in mind is that a Sale Agreement is a legally binding contract. Should a Purchaser attempt to cancel a Sale Agreement before its conclusion, they might have to face the consequences...

Judicial review under s.474 of the Migration Act 1958 as summarised in the case of Shahpari & Ors v Minister for Immigration & Anor [2016] FCCA 513 (11 March 2016) Section 474 of the Act creates a statutory scheme providing...

We are currently assisting clients directly as well as Australian Solicitors in deceased South African estates to wind up estates and realise assets in South Africa left by an Australian deceased  or where probate has already been granted in Australia. The process is complicated and we are...

Restraint of Trade in South Africa Written by Joshua Greenberg Candidate Attorney, Phillip Silver Swartz Inc.   A restraint of trade is an agreement whereby a person is restricted in his or her freedom to carry on his/her trade, profession, business or other economic...

Plastomark (Pty) Ltd VS Ashley and Others (represented by Phillip Silver law firm)    Case number: 13/345934     Phillip Silver and Associates represented the Plaintiff, Plastomark, who sued the defendants as sureties and co-principal debtors for balance of debt of principal debtor in...

ULTRAPOLYMERS (PTY) LTD (represented by Phillip Silver law firm) VS CLIFFORD THABANG MAREDI NO and another  (In their capacities as joint liquidators of Alfa Flexible Packaging (Pty) Ltd (in liquidation) Case number: 6171/2012     Phillip Silver and Associates were successful in this matter which...

CITY OF JOHANNESBURG VS HORIZON BAY INVESTMENTS (PTY) LTD and another (represented by Phillip Silver law firm) Case no: 30293/11     Phillip Silver and Associates successfully had this matter dismissed with costs on the basis that they argued that the Applicant failed to properly...

JOSE DUARTE COELHO DA SILVA (represented by Phillip Silver law firm) and others VS C H CHEMICALS (PTY) LTD Case no: 304/2007     This case concerned whether there was a breach of a director’s fiduciary duty by the exploitation of various corporate opportunities after his...

Hepburn, John  (represented by Phillip Silver law firm) VS Miller, Jacqueline Case number: 15732/07     Hepburn brought an application to declare Miller in contempt of court. The parties were previously married to one another. Phillip Silver (at the time) was successful in proving the applicant has proved beyond a...

Tshepo Kgadima (represented by Phillip Silver law firm) VS Zola Skweyiya  Case number: 2135/2015     Skweyiya accused Kgadima of fraud and such accusations were published in newspapers. Skweyiya is being sued by Kgadima for defamation in the amount of R 200 Million. A trial date has been...

Mawande Mvumvu (represented by Phillip Silver law firm) VS Ferial Haffajee And Media 24 Ltd, 1sMedia24   Limited 2nd Defendant CASE NO:     02079/2014     Four City Press employees issued a summons against City Press Editor Ferial Haffajee for defamation in which she called them "racists". The trial is set to...

Aurora Empowerment Systems: (represented by Phillip Silver law firm) Engelbrecht NO & others VS Zuma & others Case number: 25695/2012     This case involves the liquidators of Padmodzi gold who issued an application in 2012 to declare that the directors of  Aurora Empowerment Systems ( Khulubuse Zuma, Zondwa...

Tshepo Kgadima (represented by Phillip Silver law firm) VS Times Media Case number: 45692/2014     Kgadima is a businessman who was elected as chairmen of PetroSA during late December 2014. Allegations surfaced of Kgadima defrauding investors, which allegations were publicized by the Times Media Group. The allegations...

Goldrich Holdings (Pty) Ltd (represented by Phillip Silver law firm) VS Blyvooruitzicht Gold Mining Company (In Provisional Liquidation) Case number: 01296/2014     During January 2014, a gold-mining company by the name of Goldrich Holdings, acquired a gold mine in Carletonville, west of Johannesburg called Blyvooruitzicht.   The...

Branco Milenkovic (represented by Phillip Silver law firm) VS Moffat Quithi And Boxing South Africa  Case Number: 30069/12 (Biggest defamation award in South African history made to our client)     The plaintiff (Branco Milenkovic) is a boxing promoter who sued the first defendant, Mr Moffat Qithi who is...