Kerry Ioulianou

Admission to Society of Advocates: 2006

Qualifications:

Bcom (RAU), LLB (UJ)

Areas of Practice: Administrative, Arbitrations, Commercial, Company, Contracts, Delict, Franchise, Insolvency, Negotiable instruments, Property

Cel: 082-921-5689 Tel: 011-263-8900

Experience:

Kerry has a contentious and advisory practice in South Africa, with a solid background in commercial and insolvency related litigation as well as corporate recoveries. He has been instructed in, or advised in relation to, litigation in South Africa, Australia, Greece and Cyprus.

 

He is renowned for providing a high standard of legal support, advice and expertise to clients from all industries and sectors.

 

Kerry has appeared both as junior counsel and lead counsel in a number of important cases in many superior Courts in South Africa.

 

He also frequently appears as Counsel and Arbitrator in many commercial arbitrations and is an accredited commercial Arbitrator with the Arbitration Foundation of South Africa.

 

Kerry is also admitted to practice in Australia.

Recent / Major Cases:

DDS SA (Pty) Ltd v Botes (2016)
Represented a leading supplier of mining equipment in a dispute against a natural person who signed as guarantor for the debts of a leading mining company, which had commenced business rescue proceedings under the South African Companies Act. The dispute centered around how a Court should interpret the business rescue provisions in the Companies Act and, whether the commencement of business rescue absolves a surety from his obligations to a creditor. This is a leading decision and was one of the first of its kind successfully argued. The principles argued in this case have been confirmed by the Supreme Court of Appeal.

 

Moteko Construction Cost Consultants and Projects Managers CC // Umtshezi Municipality (2016)

Represented a leading project management company in a contractual dispute with a local Municipality. In this case, the Municipality in question contended that it had made payment of invoices to my client. Given that Municipalities make payments through a treasury mechanism and not through the conventional banking system, a Court was required to determine how evidentiary proofs of payment ought to be construed under these circumstances.

 

Bernstein NO v Goldex 16 (Pty) Ltd (2015)

Represented a landowner in a dispute against a leading property developer in a contractual dispute. In this case, the central issues revolved around the dichotomy between consensus and common mistake (i.e. mistaken consensus) and its consequences.

 

Johannesburg Society of Advocates v van Blankenberg (2015)

Was instructed to represent the Johannesburg Society of Advocates to apply to Court to strike an Advocate from the roll on account on the basis of a misconduct. It is a leading case as it re-iterates the principles as to when striking off (as opposed to suspension) of an Advocate is appropriate.

 

Creditsmith Capital Partners (Pty) Ltd v Holiasmenos (2015)

This case has become an important decision from a procedural law perspective as it lays down the principles under which a party can obtain summary judgment without the need to proceed to trial.

 

Sandown Travel (Pty) Ltd v Cricket South Africa (2013)

Kerry represented a South African leading travel agency in a contractual dispute against Cricket South Africa, which centered around the principles of anticipatory breaches and its consequences. He successfully argued that the “doctrine of repentance” should be accepted in South African law as an exception to the “doctrine of election” in contract law. The principle of the “doctrine of repentance” has been confirmed by the Supreme Court of Appeal.

 

TH Restaurants (Pty) Ltd // Ranna Pazza (Pty) Ltd and Others (2012)

Represented a large restaurant retail franchisor in a dispute with its franchisee. This matter was the first of its kind, dealing with the circumstances under a which a franchisee can refuse to pay a royalty on the one hand, and continue to operate a franchise operation in the face of such refusal, on the other. This has now been recognized as the leading case on franchise law in South Africa and has been followed by other High Courts in South Africa.

 

Basil Read v Nedbank Ltd (2012)

Represented a leading construction company in Africa against a leading bank in South Africa. The dispute centered around banking law and circumstances under which a Court may interdict payments under irrevocable documentary credit instruments. Another issue (which has received commentary in other jurisdictions in South Africa) relates to practice and civil procedure and circumstances under which a party instituting proceedings is entitled to supplement its case. This case has been referred to by other High Courts in South Africa.

 

 

Kerry Ioulianou

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