Case Notes

When does a business rescue practitioner become functus officio?

Landosec (Pty) Ltd t/a Lasertech v McLaren (ECP) (unreported case no 2231/2015, 3-11-2015) (Smith J) By Bouwer van Niekerk and Harold Smit Does a business rescue practitioner (BRP) become functus […]

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Beware the double edged sword in litigating with a company in business rescue

Chetty v Hart (SCA) (unreported case no 20323/2014, 4-9-2015) (Cachalia JA) By Bouwer van Niekerk and Amy Parker   ‘Caesar: Danger knows full well, That Caesar is more dangerous than […]

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Subdivision – end of the road? Options to purchase subdivision of agricultural land

Four Arrows Investments 68 v Abigail Construction (SCA) (unreported case no 20470/2014, 17-9-2015) (Swain JA) By Adam Brink The Supreme Court of Appeal (SCA), has resolved an uncertainty with respect […]

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Considerations for the quantification of damages awards

Coughlan NO v Road Accident Fund 2015 (4) SA 1 (CC) By Wim Loots The recent judgment in Coughlan NO v Road Accident Fund 2015 (4) SA 1 (CC) concluded […]

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The use of EAOs, jurisdiction and forum shopping under the spotlight

By Bouwer van Niekerk and Amy Parker MBD Securitisation (Pty) Ltd v Booi (FB) (unreported case no A263/2014, 2-7-2015) (Daffue J) A lot has been written about the recent judgment […]

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The right to a name and nationality: The issue of undocumented migrant children

By Faith Tigere SS v Presiding Officer, Children’s Court, Krugersdorp and Others 2012 (6) SA 45 (GSJ) ‘Children are the soul of our society. If we fail them, then we […]

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Do arbitration proceedings fall within the general moratorium on legal proceedings against a company under business rescue?

By Rudie Kok Chetty v Hart (SCA) (unreported case no 20323/2014, 4-9-2015) (Cachalia JA) Chapter 6 of the Companies Act 71 of 2008, on business rescue proceedings (BRP), has undergone […]

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Pain and no gain – should there be compensation for innocent spouses against third parties? DE v RH (CC) (unreported case no 182/14, 19-6-2015) (Madlanga J)

By Devon Jenkins This story is by no means unique: High School friends become lovers, get married, have children and portray the picturesque middle-class suburban family… until one spouse steps […]

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Constitutional Court in Mhlongo v S; Nkosi v S (CC) (unreported case no 148/14, 149/14, 25-6-2015) (Theron AJ) restores common law position existed before Ndhlovu and Others v S [2002] 3 All SA 760 (SCA)

By Ananias Tshabalala The Constitutional Court (CC) has restored the common law position that extra-curial statements against co-accused are inadmissible. The court held that admitting extra-curial admissions against a co-accused […]

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Illicit outflow of capital from South Africa eliminated by statutory duties placed on directors

Kukama v Lobelo and Others (GSJ) (unreported case no 38587/2011, 12-4-2012) (Tshabalala J) By Muhammad Patel In this article a simple illustration is first given of the concepts of semi-privatisation […]

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