Case Notes

Ordering the selling of motor vehicles in debt re-arrangement orders: A road not (to be) travelled?

Motor Finance Corporation (Pty) Ltd v Jan Joubert and Others (GNP) (unreported case no A629/2013, 19-8-2013) (Chetty  and Ebersohn AJJ) By Bouwer van Niekerk A potentially far-reaching decision regarding the […]

Read more

Criminal and intentional acts versus COIDA

Twalo v The Minister of Safety and Security and Another [2009] 2 All SA 491 (E) By Justice Finger Court judgments with far-reaching effect sometimes go unnoticed for many years. […]

Read more

Don’t wait until it is too late

Opposition to Urban Tolling Alliance and Others v The South African National Roads Agency Ltd and Others (SCA) (unreported case no 90/2013, 9-10-2013) (Brand JA) By Michele Gioia In the […]

Read more

Clearance certificates – Does the municipality’s lien survive the transfer?

City of Tshwane Metropolitan Municipality v Mathabathe and Another 2013 (4) SA 319 (SCA) By Barry Cloete The question whether a municipality’s lien survives the transfer was put to counsel […]

Read more

Much ado about Duma?

Road Accident Fund v Duma and three related cases (Health Professions Council of South Africa as amicus curiae) [2013] 1 All SA 543 (SCA) (Brand JA) By Alfred Selman The […]

Read more

Is the best defence re-offence?

Humphreys v S (SCA) (unreported case no 424/2012, 22-3-2013) (Brand JA) By Chris Shone The recent judgment in the Humphreys matter by the Supreme Court of Appeal (SCA) raises interesting […]

Read more

Door closed on common law contingency fees

De la Guerre v Ronald Bobroff & Partners Inc and Others (GNP) (unreported case no 22645/2011, 13-2-2013) (Fabricius J) The South African Association of Personal Injury Lawyers v The Minister […]

Read more

Unconstitutionality of s 89(5)(c) of the National Credit Act

National Credit Regulator v Opperman and Others (CC) (unreported case no CCT 34/12, 10-12-2012) (Van der Westhuizen J) By Mapula Sedutla At issue in the Opperman case was whether s […]

Read more

Freedom of testation v public policy

Ex Parte: BoE Trust Ltd NO and Others (SCA) (unreported case no 846/11, 28-9-2012) (Erasmus AJA) By Mapula Sedutla The recent BoE Trust case tested freedom of testation against public […]

Read more

When early-bird creditors may trump the NDPP

By Kara van de Pol The Supreme Court of Appeal has handed down a judgment that will be of interest to creditors of an insolvent company whose assets are subject […]

Read more
Loading...