Case Notes

Launching business rescue applications in liquidation proceedings – (successfully) flogging a dead horse?

Richter v Absa Bank Limited (SCA) (unreported case no 20181/2014, 1-6-2015) (Mhlantla, Leach, Pillay JJA, Fourie and Dambuza AJJA) By Bouwer van Niekerk A potentially far-reaching decision regarding the launching […]

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Referral rule of Attorneys Act not unconstitutional

Noordien v Cape Bar Council and Others (WCC) (unreported case no 9864/2013, 13-1-2015) (Schippers J) By Nomfundo Manyathi-Jele Schippers J gave judgment dismissing Abubaker Noordien’s application for leave to appeal […]

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Companies – in what circumstances will they be required to furnish security for costs?

Boost Sports Africa (Pty) Ltd v The South African Breweries (Pty) Ltd (SCA) (unreported case no 20156/2014, 1-6-2015) (Ponnan and Mbha JJA) By Ian Chadwick Prior to the advent of […]

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Case note July 2015

Interpretation of s 133(1) of the Companies Act 71 of 2008 – the principle of moratorium re-defined under business rescue Cloete Murray and Another NNO v FirstRand Bank Ltd t/a […]

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Sibisi NO v Maitin: A dual burden of proof?

Sibisi NO v Maitin 2014 (6) SA 533 (SCA) By Liezl Zwart The judgment of Sibisi NO v Maitin 2014 (6) SA 533 (SCA) (see also See 2015 (Jan/Feb) DR […]

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Dally for a day: Spatium deliberandi and the importance of timing

Phillips NO obo Makheta v Beukes (GSJ) (unreported case no 2013/27925, 27-11-2014) (Sutherland J) By Emma Powell and Merlita Kennedy In anticipation of trial, it is common practice for the […]

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SCA rules that e-mail contract cancellation legal

By Nomfundo Manyathi-Jele In Spring Forest Trading 599 CC v Wilberry (Pty) Ltd t/a Ecowash and Another (SCA) (unreported case no 725/13, 21-11-2014) (Cachalia JA) the Supreme Court of Appeal […]

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The ‘rocky’ road has been paved, or has it? Directors right to refuse transfer of shares

Visser Sitrus (Pty) Ltd v Goede Hoop Sitrus (Pty) Ltd and Others 2014 (5) SA 179 (WCC) By Pierre le Roux and Jarryd Mardon The case of Visser Sitrus (Pty) […]

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It is our privilege

A Company and Others v Commissioner, South African Revenue Service 2014 (4) SA 549 (WCC) By Kaelin Govinden Legal advice privilege covers communications between lawyers and their clients whereby legal […]

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A warning to all maintenance court officials

Mthimunye v Minister of Justice and Constitutional Development and Others (GP) (unreported case no 61876/2012, 9-5-2014) (Hiemstra AJ) By Naleen Jeram The High Court in Mthimunye v Minister of Justice […]

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