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Andrew Goldschmidt

Andrew GoldschmidtAndrew Goldschmidt, a Partner at Ashersons, joined the firm in 2007.

He has experience in contentious as well as non-contentious corporate and commercial matters ranging from the drafting of commercial contracts to commercial litigation, with particular regard to corporate and contractual disputes.

Andrew has experience in all aspects of insolvency-related matters including Liquidation and Sequestration applications.

He has advised numerous clients on matters pertaining to the National Credit Act and the Consumer Protection Act and how they affect, amongst other things, lease agreements.



Recent Articles by Andrew

Bond Clauses: Beware the Deadlines! 1 November 2022 - Here’s yet another reminder from our courts in Thokan v Kriegler and Another (40781/2018) [2022] ZAGPJHC 680 on the danger of not complying strictly with every provision in a property sale agreement. Don’t be like Douglas Adams and listen to the deadlines go whooshing by – missing a property sale deadline is a mistake, probably […]
Building in Security Estates: The ‘Persuasive Sting’ of Penalty Levies 1 October 2022 - Buying “plot and plan” in a residential complex allows you the freedom to build your own dream house in a secure environment, quite apart from providing what is likely to be sound long-term investment. Just make sure that you will actually be ready to build within the time frame required by the HOA (homeowners’ association). […]
The Trouble with Family Loans: A R540,000 Lesson 2 August 2022 - “Family helps family in times of need” – that’s been part of human culture since long before the dawn of history but be sure to observe all legal formalities. A recent High Court decision of Herclass and Another v Herclass (2322/2021) [2022] ZAFSHC 157 provides an excellent example of the risks of not doing so. […]
What Can You Do When Someone Close to You Has No Control Over Their Spending? 4 April 2022 - What can you do when someone you know (often but not always an elderly relative and/or someone with a gambling, drug or drink problem) starts squandering their money and property irresponsibly and recklessly? Note that we are talking here not about a mentally ill person but about someone “of sound mind but unsound habits”. The […]
Property Owner and Body Corporate Liable After Child’s Electrocution? 4 April 2022 - A recent High Court decision saw both a sectional title unit owner and his cupboard contractor held liable for damages suffered by an 11-year-old boy electrocuted by a communal tap. The complex’s body corporate and an electrician were also sued but escaped liability. The reasons given by the Court for these contrasting outcomes provide valuable […]
3 Steps to Buying Your First House 1 March 2022 - Few things in life can compare to the joy of finally crossing the threshold of your first home. If you are like most of us, you have been dreaming of this day for years and years – it has finally arrived! The financial bonus of course is that you have probably just made one of […]
Directors at War: Terminating Email Access 12 January 2022 - When company directors are locked in dispute, one of them may be tempted to cut off the other’s access to emails and to the business server – a tactic likely to have immediate and serious consequences for the director thus cut off. Its appeal as a tactic to force the other director to the negotiating […]
South Africans – Don’t Lose Your Own Citizenship When You Apply for Another! 1 October 2021 - A recent High Court judgment in Democratic Alliance v Minister of Home Affairs and Others (48418/2018) [2021] ZAGPPHC 500 has confirmed that you will lose your South African citizenship if you apply for citizenship of any other country without prior Ministerial permission. It is irrelevant whether you are South African by birth or not. It […]
Property Sellers: Why, How and When to Choose Your Own Conveyancer 1 October 2021 - For many of us, our home is our most important asset so when it comes time for us to sell, do everything possible to ensure that your interests are fully protected, that the sale goes through quickly and smoothly, and that you are paid without unnecessary delay. Appointing the right conveyancer is key here. Let’s […]
Don’t Risk Consequential “Loss of Profits” Damages: Check Your Contracts and Insurance! 1 September 2021 - One of the risks you run in any business is being sued for losses you cause to someone else. Although normally your risk of legal liability is linked to the claimant proving some form of negligence on your part (i.e. the onus is on the claimant to prove your negligence), there are exceptions. To take […]
Noisy Neighbours – Your Rights, and Buyers Beware! 2 August 2021 - We’ve all had them – noisy neighbours whose dogs bark incessantly, whose late-night parties leave everyone sleep-deprived, whose businesses make working from home and relaxing in the garden an impossibility. We’ll have a look at two aspects of this problem, starting with the option of taking your neighbours to court if a friendly approach to […]
Buying Property from a Company – Should You Buy the Shares or the House? 5 July 2021 - You find the house of your dreams, agree on the price and get ready to put pen to paper. The house is in the name of a company, and you are offered a choice – either buy the house out of the company or take over the company (which owns the house and nothing else) […]
When Bond Clauses Sink Sales 7 June 2021 - Selling or buying a house is a time of excitement and the culmination of a lot of time and effort on your part, so as soon as the ink dries on your signed sale agreement you will want the transfer process to get underway, and you will want it to keep going without a hitch. […]
Landlords: Can You Cut Electricity to Collect Arrears or Evict? 2 March 2021 - Landlords can be sorely tempted to force defaulting tenants to settle their arrears (or to vacate the premises altogether) with a bit of instant “self-help” by cutting electricity or water supplies, or perhaps by changing locks or disabling access codes. From the High Court comes another timely warning that you cannot resort to self-help without […]
Suing a Debtor – Make Sure Your Victory Isn’t a Hollow One 3 February 2021 - With our economic woes unlikely to abate any time soon, expect an increasing number of your debtors to find themselves in financial difficulty. If you end up litigating against any of them the last thing you will want to do is to throw good money after bad. And whilst fighting a court case and winning […]

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