Member Type: Advocates
Admission to Society: 2007
Postgraduate Diploma in Labour Law (UJ)
LL.M in Banking Law (UJ)
Areas of Practice:
Mainly commercial litigation (including banking, construction, company, 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 practising at Wandrag & Marais Inc from 2002 until called to the Bar in 2007. 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 also lectures in Credit Law at the University of Johannesburg.
Reported and Noteworthy Cases:
- 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 the third party)  2 All SA 716 (GJ); 2015 (5) SA 36 (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)