The High Court in Cape Town has handed the V&A Waterfront a partial victory, ordering luxury fashion brand Kat van Duinen Design Studio and its director Katarsyna van Duinen to pay R425 042.81 in undisputed rental arrears immediately.
In an ex tempore judgment delivered by Acting Judge Gillian da Silva Salie, a partial summary judgment was granted for the reconciled portion of the claim, while the balance of the dispute potentially worth millions, was sent to full trial.
The case stems from a luxury retail lease at the V&A Waterfront and a disputed signed document that the tenants argue created a new agreement and altered the termination date.
In court, Van Duinen raised Consumer Protection Act violations and filed a damages counterclaim.
Tenants not out of the woods Â
However, da Silva Salie said the defences did not carry weight when it came to the core debt.
The judge said the tenants do not contend that the rental for that period was wrongly levied, incorrectly computed, charged at an incorrect rate, or unrelated to their occupation.
“Even if the tenants ultimately prove their version on termination and the signed documents, it would not negate or diminish the reconciled arrears which accrued during the undisputed period,” said the judge.
She also noted inconsistency in the tenants’ papers. “The respondents have blown hot and cold between defences set out in its plea and its answering affidavit. In the absence of an explanation for the inconsistency, I further cannot find that the defences are bona fide.”
The R425 042.81 represents rental and operating costs up to the date the tenants vacated the premises, a period both sides accept.
The court refused summary judgment on later charges, which hinge on the disputed termination date.
The ruling reinforces that landlords can secure immediate payment for truly undisputed arrears, even when larger issues remain contested.
According to the court ruling, the full trial on the balance of the claim and the tenants’ counterclaim is expected in 2026.
