Our Dispute Resolution team

 provides pragmatic legal solutions to disputes by pursuing or defending arbitration or litigation, or through alternative methods, such as mediation.

Groundbreaking Matters

Clients state the team “provides a high-quality service” and praise the “personal touch” of the practitioners.

Chambers Global 2017

"They go above and beyond what is required."

Chambers Global 2016

"They have a good knowledge of the industry in general. They have their ears to the ground and can adapt."

Chambers Global 2016

Our services include dispute resolution and opinion work across a range of specialisations, some of which include:

  • Contentious banking and finance matters.
  • Class or group actions in South Africa
  • Commercial disputes of all kinds
  • Liability and risk issues.
  • Business rescue, restructuring and insolvency.
  • Corporate fraud forensic investigations.
  • A wide range of insurance disputes.
  • Cross-border disputes.
  • Product liability.
  • Acted for Industrial Development Corporation of South Africa Ltd against Cosira South Africa (Pty) Ltd (In Liquidation). Our client has a claim of R130 million in this insolvent estate, which involves R1.3 billion owed to a group of South Africa's largest banking consortium. This is said to be South Africa's largest default (bond) by far. CDH is now tasked with conducting a section 417 enquiry and round 3 thereof is due to commence at the end of March 2014.

  • Acting for the applicant, Foodcorp (Pty) Limited and its subsidiaries in an urgent application against the Minister of Agriculture, Forestry and Fisheries for an order compelling the Minister and the Department of Agriculture, Forestry and Fisheries to issue to Foodcorp and its subsidiaries with commercial fishing permits.

  • Representing South African Airways (SAA) in the judicial review application launched by Comair Limited seeking to set aside the decision of the Minister of Public Enterprises taken with the concurrence of the Minister of Finance on 26 September 2012 to provide SAA with a R5 billion guarantee. The decision of the court will have significant implications for future government guarantees for other state owned enterprises and will be of importance to funders who provide South African state owned enterprises with funding to execute various infrastructure and other public projects.

  • Involved in various insolvency proceedings including the winding up of numerous companies within the Pinnacle Point Group. We have assisted our client Nedbank Ltd in inter alia the following aspects:

    • Section 417 Insolvency Enquiry in re Pinnacle Point Group Limited – watching brief and advice.

    • Sequestration application in Western Cape High Court, Cape Town (Mostert) - launched application against a surety – R54 M.

    • Liquidation application in Western Cape High Court Cape Town (New Port Finance) – launched liquidation application against surety – R54M. Currently opposed

    • Opposing business rescue and participating in business rescue process - Wedgewood Village Golf & Country Estate (Pty) Ltd; Danger Point Ecological Development Company (Pty) Ltd and Romansbaai Stonehouse (Pty) Ltd - all in Western Cape High Court, Cape Town.

    • Opposing Western Cape High Court, Cape Town applications to stay execution proceedings against New Port Finance and Mostert.

    • Opposing two appeals to Supreme Court of Appeal, Bloemfontein against orders dismissing applications to stay execution proceedings.

    • High Court litigation in Pretoria and Johannesburg. There are 3 main matters involved. The litigation in Pretoria and Johannesburg is a damages claim brought by various parties including Pinnacle Point Holdings (Pty) Limited and New Port Finance (Pty) Ltd against Nedbank. There is also a claim against Absa Bank Limited. The one South Gauteng matter involves opposing a High Court review application launched by some of the same parties against the Securities Regulations Panel in an attempt to set aside a previous ruling made in favour of Nedbank.

  • Acting for African Rainbow Minerals Ltd, one of the thirty two respondents in an application in the South Gauteng Local Division of the High Court of South Africa by fifty six applicants (former South African gold mine workers and dependants of former gold mine workers) against thirty two respondents, all South African gold mining companies. The applicants apply for certification of a class action, related to silicosis and/or tuberculosis allegedly contracted by mineworkers in South African gold mines since 1956. Despite a number of judgments by divisions of the South African High Court, by the Supreme Court of Appeal and Constitutional Court, the law relating to class actions in South Africa is relatively new. The legal issues and issues of fact that have to be considered / addressed for purposes of the certification application are complicated.

  • Acting for Standard Bank in perfecting various securities held by it against the Sturrett Group of Companies. Instituting proceedings against various companies within the group. Negotiating disposal of rights under perfection order to third party. Advising bank on environmental risks as a holder of a "perfected" security prior to disposal of assets to third party.
  • Represented a major creditor of Cosira South Africa (Pty) Ltd (in Liquidation). Our client has a claim of R130 million in the liquidation process, which involves R1.3 billion owed to South Africa's largest banking consortium. This is said to be South Africa's largest bond default by far.

  • Representing South African Airways (SAA) in the judicial review application launched by Comair Limited seeking to set aside the decision of the Minister of Public Enterprises taken with the concurrence of the Minister of Finance on 26 September 2012 to provide SAA with a R5 billion guarantee. The decision of the court will have significant implications for future government guarantees for other state owned enterprises and will be of importance to funders who provide South African state owned enterprises with funding to execute various infrastructure and other public projects.

  • Involved in various insolvency proceedings including the winding up of numerous companies within the Pinnacle Point Group.

  • Acting for one of the thirty two respondents in an application by fifty six former South African gold mine workers and dependants of former gold mine workers against thirty two South African gold mining companies. The applicants apply for certification of a class action, related to silicosis and/or tuberculosis allegedly contracted by mineworkers in South African gold mines since 1956.

  • Acting for a major bank in perfecting various securities held by it against the Sturrett Group of Companies. Instituting proceedings against various companies within the group. Negotiating disposal of rights under perfection order to third party. Advising bank on environmental risks as a holder of a "perfected" security prior to disposal of assets to third party.
  • Chambers Global 2011–2016 ranked us in Band 2 for dispute resolution.
  • The Legal 500 EMEA 2017 recommended our practice in Tier 1 for dispute resolution. In 2013–2015 our practice was recommended Tier 2.