Admission to Society:
Postgraduate Diploma in Labour Law (UJ)
LL.M in Banking Law (UJ)
Areas of practice:
Mainly commercial litigation (including banking, company, construction, insolvency and property) and Labour Law
Early years at the Bar included experience in a wide spectrum of matters, ranging from Family Law and Criminal Law to personal injury and defamation matters.
During recent years Gian’s practice has become more focused on banking, company, insolvency, property and labour related matters.
As an articled clerk and Attorney he was exposed to predominantly civil litigation and labour matters, but also criminal matters, whilst practicing at Wandrag & Marais Incorporated from 2002 until called to the Bar in 2007. He was admitted as an Attorney in 2004.
Gian has presided as arbitrator in commercial disputes under the auspices of the Arbitration Foundation of Southern Africa and as chairperson in disciplinary inquiries.
During 2015 he acquired a Master of Laws degree which included courses in line with his current areas of practice. The emphasis of these courses was on credit, guarantees, letters of credit, corporate insolvency – including business rescue, and other banking and construction related topics. His dissertation, under supervision of Professor JM Otto, is titled “Reinstatement or Revival of a Credit Agreement in terms of the National Credit Act”. His case note “Banks Beware: Reinstatement of mortgage loan agreements” was published in De Rebus (July 2016, p 52).
Gian lectures at the University of Johannesburg. He is responsible for the Credit Law module presented as part of the LL.M in Commercial Law and the LL.M in Banking Law (under the supervision of the Vice-Dean, Professor S du Toit).
At the Bar, a number of pupil members have successfully passed the General Council of the Bar’s examinations under Gian’s mentorship and gone on to establish successful practices as junior members of the Johannesburg Bar. His involvement with pupillage extends to participation as a trainer in Advocacy Training (he was trained as such at the General Council of the Bar’s Teacher Training Course during 2019).
Other activities at the Johannesburg Bar include having served on the High Court sub-committee, taking part in the review process of applications for judicial appointment (both as team member and as team leader) and being involved in arranging social cricket matches between members.
In practice, Gian has represented, amongst others, various banks and corporate entities, as well as insurance companies, construction firms and even Members of Executive Councils. The focus areas of his practice are, to some extent, apparent from the subject matters of the reported and other noteworthy cases listed below. He has been briefed as junior to a number of Senior Counsel and he has also led members junior to him in urgent matters, motions and trial matters.
- ABSA Bank Ltd v Morrison and others 2013 (5) SA 199 (GSJ)
- Group Five Construction (Pty) Limited and others v Member of the Executive Council for Public Transport, Roads and Works, Gauteng and others (Lombard Insurance Company Limited as third party)  2 All SA 716 (GJ); 2015 (5) SA 26 (GJ)
- Sheriff of Johannesburg North and another v Yellow Dot Property Investments and another; In re: Absa Bank Limited v Van den Berg  2 All SA 927 (GJ); 2016 (5) SA 107 (GJ)
- Bondev Midrand (Pty) Ltd v Madzhie and others 2017 (4) SA 166 (GP)
- Stirling v Fairgrove (Pty) Ltd and others 2018 (2) SA 469 (GJ);  2 All SA 290 (GJ)
- ABSA Bank Ltd v Mokebe and related cases 2018 (6) SA 492 (GJ);  4 All SA 306 (GJ)
- Investec Bank Ltd v Fraser NO and others 2020 (6) SA 211 (GJ)
Other Noteworthy Cases:
- Antonie v Slatter 2012 JDR 0957 (GSJ) (11 August 2011)
- Antonie v Slatter (30944/08)  ZAGPJHC 90 (11 May 2012)
- Pienaar v Gmeiner 2013 JDR 0758 (GSJ)
- Snap Shop Investments 1465 CC v Centre for Autism Research and Education 2014 JDR 2047 (GJ); (21618/2013)  ZAGPJHC 227 (19 September 2014)
- Vela v Rainbow Shuttle Services CC 2014 JDR 2632 (GJ); (26955/14)  ZAGPJHC 359 (3 December 2014)
- Todd v Todd 2017 JDR 1189 (GP)
- Okavango Minerals (Pty) Limited v Bila Mining (Pty) Limited 2019 JDR 0439 (GJ)