Damages and other litigation

The Ministry of Trade and Industry brought in Genesis to conduct an independent and substantive evidence-based assessment of the financial and business models of the competing applicants.

Genesis was commissioned to provide expert evidence relating to the quantification of damages resulting from the repudiation of a contract between two companies in the communications industry.

Genesis provided an independent assessment of the appropriate damages quantum following the repudiation of an agreement between two large South African companies in the communications sector. The analysis was performed on behalf of the defendant in a claim that exceeded R1-billion.

Genesis was retained jointly by South African Airways (SAA) and Comair to resolve a dispute relating to damages suffered by Comair as a result of travel agent incentive schemes implemented by SAA. 

Genesis was retained to provide expert economic analysis and support to Macsteel in its objection to a proposed import tariff increase for steel pipes by a supplier, Hall Longmore.

Genesis was commissioned by the Minister of Economic Development to defend a High Court application by the Metal Recyclers Association (MRA) to set aside a new policy directive affecting scrap metal pricing.

Genesis was consulted by the attorneys for Sun International for expert advice regarding the appropriate market definition for both casino gaming and limited pay-out machines (LPMs), as well as about whether these could be considered to constitute a single market.

Genesis was appointed on behalf of a number of bargaining councils and the Minister of Labour in a High Court matter concerning Section 32 of the Labour Relations Act, which permits the Minister, under certain circumstances, to extend a collective agreement to employers and employees who are not members of the bargaining councils. 

Genesis was retained by a small healthcare products company, Bestcare, to assess the damages incurred following the termination of a supply contract by a large multinational supplier, 3M. The project team used before and after quantification techniques to determine the change in revenue that resulted from the termination of the contract for both private hospital supply contracts and public tenders. Through a careful financial analysis of the Bestcare’s cost structure, the team was also able to accurately determine potential cost reductions in order to quantify lost profits.