Industry Insights | Adv. Don Justin Mahon SC

Company Law

The Rule Against Reflective Loss After Hlumisa: What Shareholders and Their Advisers Need to Know

The Supreme Court of Appeal's judgment in Hlumisa confirmed what many suspected but few had tested: section 218(2) of the Companies Act does not abolish the rule against reflective loss. The consequences for shareholders who believe they have a direct claim against directors or auditors are significant — and widely misunderstood.

reflective loss
section 218(2) Companies Act
shareholder claims
director liability
Hlumisa
SCA

Adv. Don Justin Mahon May 25, 2026 4 min read

Read Full Article

When the Project Is the Problem: Dispute Resolution on Major Infrastructure Projects

A dispute on a large infrastructure project does not behave like a dispute in an ordinary workplace. When thousands of workers, dozens of contractors and a national deadline share the same site, the assumptions embedded in standard dispute resolution frameworks begin to fail. Here is what project owners, contractors and their legal advisers need to understand before a dispute reaches the point of formal proceedings.
- construction law
- infrastructure projects
- dispute resolution
- adjudication
- FIDIC
- NEC
- AFSA arbitration
Adv. Don Justin Mahon May 25, 2026 8 min read

The Rule Against Reflective Loss After Hlumisa: What Shareholders and Their Advisers Need to Know

When the Project Is the Problem: Dispute Resolution on Major Infrastructure Projects