Maisels Group Members

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.

Gian’s practice has, however, 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 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. Gian was invited to accept membership to the Golden Key International Honour Society after qualifying within the top 15% achieving students. 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 lectured in Credit Law (a module of the LL.M in Commercial Law and the LL.M in Banking Law) at the University of Johannesburg from 2019 to 2023. He is a trainer in Advocacy Training which is part of the syllabus of pupillage at the Bar.

In his 23 years in practice, Gian has represented, amongst others, various banks, financial service providers, corporate entities, insurance companies, construction firms, judicial officers, and members of executive council. 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 various Senior Counsel and he has also led members junior to him in urgent matters, motions and trial matters.

Gian accepted an appointment as acting Judge by the Deputy Judge President (Gauteng Division, Johannesburg) for the first time during the second term of 2023. He accepted further appointments as acting Judge by the Judge President (Gauteng Division, Pretoria) during the first and the fourth terms of 2024, respectively.

Reported Cases:

• Investec Bank Limited v Singh and another [2024] 4 All SA 150 (GP)

• Zero Azania (Pty) Ltd v Caterpillar Financial Services SA (Pty) Ltd and a similar appeal 2024 (2) SA 574 (GJ); [2024] 1 All SA 883 (GJ)

• Investec Bank Ltd v Fraser NO and others 2020 (6) SA 211 (GJ)

• ABSA Bank Ltd v Mokebe and related cases 2018 (6) SA 492 (GJ); [2018] 4 All SA 306 (GJ)

• Stirling v Fairgrove (Pty) Ltd and others 2018 (2) SA 469 (GJ); [2018] 2 All SA 290 (GJ) [Heads of argument prepared by LM du Plessis]

• Bondev Midrand (Pty) Ltd v Madzhie and others 2017 (4) SA 166 (GP)

• Sheriff of Johannesburg North and another v Yellow Dot Property Investments and another; In re: Absa Bank Limited v Van den Berg [2016] 2 All SA 927 (GJ); 2016 (5) SA 107 (GJ)

• 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) [2015] 2 All SA 716 (GJ); 2015 (5) SA 26 (GJ)

• ABSA Bank Ltd v Morrison and others 2013 (5) SA 199 (GSJ)

Other Noteworthy Cases (JDR and SAFLII):

• Antonie v Slatter 2012 JDR 0957 (GSJ) (11 August 2011)

• Antonie v Slatter (30944/08) [2012] 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) [2014] ZAGPJHC 227 (19 September 2014)

• Vela v Rainbow Shuttle Services CC 2014 JDR 2632 (GJ); (26955/14) [2014] 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)

• First Rand Bank Limited v Vega Holdings Proprietary Limited and Others (7841/19) [2020] ZAGPJHC 423 (10 May 2020); 2021 JDR 2673 (GJ)

• Vega Turnkey Proprietary Limited and Others v Firstrand Bank Limited; In Re Firstrand Bank Limited v Vega Turnkey Projects Proprietary Limited and Others (2019/07842) [2020] ZAGPJHC 252 (12 October 2020); 2021 JDR 2673 (GJ) [Appeal dismissed (A5063/2020) (16 September 2021)]

• Firstrand Bank Limited v Schmidt and Another (2019/21148) [2021] ZAGPJHC 599 (25 October 2021)

• Absolute View (Pty) Ltd v Caterpillar Financial Services SA (Pty) Ltd (14425 / 2021) [2021] ZAGPJHC 592 (28 October 2021); 2021 JDR 2699 (GJ)

• FirstRand Bank Limited v Coningsby and Another (6749/2021; 6750/2021) [2021] ZAGPJHC 744 (26 November 2021)

• Manyema and Others v Scaw South Arica (Pty) Ltd (17001/2019) [2022] ZAGPJHC 113 (4 March 2022); 2022 JDR 0544 (GJ)

• FirstRand Bank Limited v Da Silva (17/32539) [2022] ZAGPJHC 387 (10 June 2022); 2022 JDR 1596 (GJ) [Appeared with JE Smit]

• Mkansi v Legal Practitioners Indemnity Insurance Fund (61050/21) [2022] ZAGPPHC 1019 (8 December 2022); 2023 JDR 0105 (GP)

• Francis Transport and Plant Hire CC v Smart Civil Construction (Pty) Ltd and Another (17090/2018) [2022] ZAGPJHC 1022 (28 December 2022)

• Sasfin Bank Limited and Another v Fitness Holdings Ltd (16634/2021) [2022] ZAGPJHC 1033 (28 December 2022) [Heads of argument prepared by S Aucamp]

• Legal Practioner's Indemnity Insurance Fund NPC v Mkansi 2023 JDR 0678 (GP)

• Caterpillar Fiancial Services South Africa (Pty) Ltd v Zero Azania (Pty) Ltd 2023 JDR 3741 (GJ); (57252/2021) [2023] ZAGPJHC 1119 (8 September 2023)

• Caterpillar Financial Services South Africa (Pty) Ltd v Azania Money Growth (Pty) Ltd 2023 JDR 3742 (GJ); (57254/2021) [2023] ZAGPJHC 1115 (8 September 2023)

• Caterpillar Financial Services South Africa (Pty) Ltd v Zero Azania (Pty) Ltd [Leave to Appeal] (57252/2021) [2023] ZAGPJHC 1117 (2 October 2023)

• Caterpillar Financial Services South Africa (Pty) Ltd v Azania Money Growth (Pty) Ltd [Leave to Appeal) (57254/2021) [2023] ZAGPJHC 1114 (2 October 2023)

• Firstrand Bank Limited v Van Wyk and Others (2011/9643) [2023] ZAGPJHC 1245 (31 October 2023)

• Investec Bank Limited v Big Business Innovations Group (Pty) Ltd 2023 JDR 4340 (GP); (046686/2022) [2023] ZAGPPHC 1895 (6 November 2023)

• Investec Bank Limited v Singh and another (Counter-Application) 2023 JDR 4341 (GP); (017911/2023) [2023] ZAGPPHC 1887 (6 November 2023)

• Caterpillar Financial Services South Africa Proprietary Limited v Amlo Trading Close Corporation (2696/2023) [2024] ZAECMKHC 81 (25 June 2024)

• Transasia 1 (Pty) Ltd v Sheriff of the High Court Dundee and others 2024 JDR 3352 (KZP)

• Caterpillar Financial Services South Africa Proprietary Limited v Amlo Trading Close Corporation (Leave to Appeal) (2696/2023) [2024] ZAECMKHC 82 (30 July 2024)

• Firstrand Bank Limited v Kahn and others 2024 JDR 3969 (GJ); (2019/20373) [2024] ZAGPJHC 918 (17 September 2024)

• Caterpillar Financial Services of SA (Pty) Ltd v Mashelele Projects and Services (Pty) Ltd (Leave to Appeal) 2024 JDR 4370 (MN)

• Transasia 1 (Pty) Ltd v Sherif of the High Court and Others (Leave to Appeal) (10895/2024P) [2024] ZAKZPHC 91 (22 October 2024)

As Acting Judge:

• SA Taxi Finance Solutions (Pty) Limited v Mokobi 2023 JDR 2333 (GJ); (2021/12537) [2023] ZAGPJHC 751 (30 June 2023)

• Ramakone and Others v City of Johannesburg and Another 2023 JDR 3087 (GJ); (2020/19611) [2023] ZAGPJHC 916 (15 August 2023)

• Gouws v Eraki Trading 12 CC t/a Timmermans Kitchens and Others 2023 JDR 3112 (GJ); (2944/2022) [2023] ZAGPJHC 953 (16 August 2023)

• Marindafontein (Pty) Ltd v Stopforth and Another 2023 JDR 3113 (GJ); (2022/033875) [2023] ZAGPJHC 955 (16 August 2023)

• N.W.M v N.Q.M and Another (2018/39527) [2023] ZAGPJHC 956 (16 August 2023); 2023 JDR 3094 (GJ)

• Marindafontein (Pty) Ltd v Stopforth and Another [Leave to Appeal] 2023 JDR 4619 (GJ); (2022/033875) [2023] ZAGPJHC 1406 (5 December 2023)

• Ndarangwa v Marivate Attorneys Incorporated 2024 JDR 2207 (GP); (61033/2021) [2024] ZAGPPHC 471 (17 May 2024)