Gavin Smith

BA (Law) LLB (RAU)
Consultant

Gavin is a commercial lawyer with more than 20 years post-qualification experience in legal practice.

Gavin is based in Johannesburg.

   Email
gavin@bbplaw.attorney
   Mobile
+2782-343-1716
   LinkedIn
/gavin-d-smith

Gavin’s experience in various aspects of law includes:

  • Commercial Contracts – Vetting and tailoring of property deals, inclusive of transaction agreements, notarial deed of leases, notarial deed of servitudes, notarial deed of restraints, retail dealer agreements, development agreements, third party operator agreements, bulk supply agreement, suretyships, option letters in respect of both notarial deeds of lease and retail dealer agreements. Sale agreements ( movables and immovable) loan agreements and acknowledgement of debt.
  • Litigation – local and cross-border – action and motion proceedings based on a leading Petroleum Company’s agreement of lease and operation of service station, retail dealer agreements in respect of owner and operator, seeking evictions, specific performance, declaratory orders, enforcement of trademark rights, PIE evictions, liquidation applications and sequestration applications, Section 12B applications in terms of The Petroleum Products Act.  Arranging of sheriff sales for both movable and immovable sales.
  • Insolvency – Preparation of sequestration and liquidation applications for various clients. Attending to prepare claim documents in respect of insolvency matters, attending first meetings of creditors where opposition to filing of claim dealt with, convening of and interrogation of witnesses at insolvency enquiries.
  • Regulatory Compliance – advices on various aspects of the Gas Act and the Petroleum Products Act. In respect of the Petroleum Products pertaining to specifically site and retail licenses, advices on environmental issues arising out of its business operations. Environmental legislation – advising particularly regarding potential risks to the Petroleum company and gas suppliers relating to fuel and the storage thereof, with particular emphasis on risks relating to pollution / contamination of ground water and soil. Consumer Protection Act/National Credit Act, advising on the implementation and compliance thereof.
  • Credit – collection of monies owed by dealers / distributors to a leading Petroleum company in respect of petroleum products sold and delivered.
  • Represented two of the four major banks in matters relating to immovable property (both commercial and residential), inclusive of issuing of summons for foreclosure on property, sales in execution, debtors’ enquiries. Asset based finance litigation in respect of movable goods ranging from motor vehicles to aircraft, including master instalment sale agreements, rental agreements and floorplan agreements.  In respect of the latter we have a reported Supreme Court of Appeal decision which has settled a long outstanding issue relating to the validity of a floorplan agreement.  We also have successfully litigated in the Supreme Court of Appeal to obtain clarity regarding the moratorium placed on legal proceedings in the event of an entity being placed into business rescue.
  • Telecommunications, represented two of the four major cell phone companies in respect of litigation arising out of their agreements, including a leading Supreme Court of Appeal decision in respect of Section 33 of the Insolvency Act.
  • Providing advice to one of the major auction houses in respect of compliances issues and contractual matters relevant to its business
  • Administrative Law- attend to High Court applications for the suspension or striking of advocates from the roll due to non-compliance with local rules of the Johannesburg Society of Advocates and rules of the LPC relevant to advocates’ and their conduct.
  • Reported Judgments decided in favour of clients:
    • PMG Motors Kyalami (Pty) Limited & Another v FirstRand Bank Limited, 2015 (1) All SA 437 (SCA)
    • Roschon (Pty) Limited v Anchor Auto Body Builders & Others, 2014 (4) SA 319 (SCA)
    • Murray N.O. & Another v FirstRand Bank Limited t/a Wesbank, 2015 (3) SA 438 (SCA) [attended to in conjunction with Bobby Lanham-Love]

Head Office

We’re located in the heart of Bellville

26 Hofmeyr Street
Welgemoed
7530

Contact Us

Why not give us a call or send us an email

BELLVILLE BRANCH
Tel: +27 21 945 1237
Fax: +27 86 691 4998

LANSDOWNE BRANCH
Tel: +27 21 913 1384

Email: info@bbplaw.attorney