Kiki Bailey SC

Seniority & Date of Admission:
Counsel – 1990
Senior Counsel – 2009
Level of Seniority: Senior Council (Silk)
Membership Type: Full Member
Practice Description & Academic Background:

Bailey obtained her BA and LLB degrees at the University of the Witwatersrand. Prior to her admission as an advocate, Bailey was admitted and practiced as an attorney of the High Court of South Africa, During 2012, Bailey completed her advanced diploma inAlternative Dispute Resolution, summa cum laude, with the University of Pretoria and the Arbitration Foundation of Southem Afiica. She obtained such certification in conflict management and dispute resolution, arbitration in building and construction, commercial arbitration, consensus building processes and skills and divorce mediation. Bailey has also held appointments as an Acting Judge of the Gauteng Local Division of the High Court of South Africa and she has also acted as adjudicator, arbitrator and mediator.

Noteworthy Judgments:
Smythe & Another v. Mew, 2010 (6) SA 537 (SCA) [Winding-up of close corporation on “just and equitable” grounds]

Business Aviation Corporation v. Rand Airport Holdings, 2006 (6) SA 605 (SCA) [Recognition of an urban lessee’s entitlement to an enrichment lien]

SA Bank of Athens v. Van Zyl, 2005 (5) SA 93 (SCA) [Paratie executie; Section 34 of the Constitution; Summary iudgments]

Stiff v. Q Data Distribution (Ply.) Ltd, 2003 (2) SA 336 (SCA) [Suretyships: onus and liability for costs]

Byron v. Duke, 2OA2 (5) SA 483 (SCA) [Cessions; Writs of execution]

Ex Parte: De Villiers & Another NNO In re Carbon Developments (Ply.) Ltd (In liquidation), 1993 (1) SA 493 (AD) [Effect of a subordination agreement; factual and commercial insolvency]

Botha & Another v. Carapax Shadeparts (PlY.) Ltd, 1992 (l) SA 202 (AD) [Contract of restraint of trade; trade and trademark]

Stamford Sales & Distribution v Metraclark (676/2013) [2014] ZASCA 79 (29 May 2014) [Verification of affidavit by cessionary in summary judgment proceedings]

Smythe & Another v. Mew,20l0 (6) SA 537 (SCA) [Winding-up of close corporation on ‘Just and equitable” grounds]

P v P 2016 (4)SA 226 (KZP)(Family Law)

Sarens South Africa (Pty) Ltd v Cleveland Crane Hire [2015] ZA JHC 41 GP [Construction contracts of hire]

TH Restaurants (PtY.) Ltd v. Ranna Pazza (Pty.) Ltd & Others,2012 (5) SA 378 (WCC) [Franchise] . Mv. M & Another, (2011) ZAG PSHC 176 (WCC) [Matrimonial]

Inzalo Communications & Event Management (Ply.) Ltd. v. Economic Value Accelerators, 2008 (6) SA 87 (WLD) [Pleadings: contract]

Janse Vim Rensburg & Others v. The Master & Others,2001 (3) SA 519 (WLD) [Subpoenas]

The Chief Family Advocate and RC Vonder v. MS Vonder 10414; 2001(WLD) [Child abduction: Hague]

Kalatzis v. Liquidators oJ’Armstrong Currie Trust All, (19981 JOL 2273 (W) [Security for costs]

Powell & Another v. Leach & Another: Leach & Others v. Powell & Others, (1997) 4 All SA 106 (W) [peremptory provision re joint liquidators]

Montic Dairy (Pty) Ltd v Mofaitis Investments & Other [2010] ZAGPHC 534 (Oppresive relief)

LD v Technology Corporate Management (Pty) LTD & Others; SD v LD (40036/16;35926/16) ZAGP JHC 69 (23 February 2018) (Company Law, Settled at the SCA)

De Sousa and Another v Technology Corporate Management (Pty) LTD & Others 2016 (6) SA 528 (GJ) (Intervention – Settled favourably at the SCA)
Other Societies & Memberships:
Fellow and director of the Association of Arbitrators (Southern Africa)

Member of the Arbitration Fourdation of SA (AFSA)
Contact Information:
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