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South Africa Case Law

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Civil Procedure [2016] ZAGPPHC 656

Anglo American Platinum Ltd and Others v Pienaar and Others (89567/2014)

Anglo American Platinum Ltd and Others v Pienaar and Others (89567/2014) [2016] ZAGPPHC 656 (29 July 2016)

Court
North Gauteng High Court, Pretoria
Case number
89567/2014
Judge
NP Mali

The court found that the first respondent, as administrator of the fourth and fifth applicants, has a direct and substantial interest in the main application and should be joined as a respondent. The court rejected the first respondent's jurisdictional objection, holding that the High Court has jurisdiction to hear the matter, particularly where declaratory relief and interpretation of legislation are sought and where the remedies under the Magistrates' Court Act are inadequate for unsophisticated debtors. The court determined that the issues raised by the applicants pertain to the same quest…

Source excerpt

  • Joinder Of Parties
  • Administration Orders
  • Emoluments Attachment Orders
  • Statutory Fee Caps
  • Magistrates Court Act
  • Debt Collection Regulation
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Civil Procedure [2005] ZASCA 22

African Bank Ltd v Weiner and Others (051/2004)

African Bank Ltd v Weiner and Others (051/2004) [2005] ZASCA 22; 2005 (4) SA 363 (SCA) (29 March 2005)

Court
Supreme Court of Appeal
Case number
051/2004
Judges
Mpati, Zulman, Cameron, Van Heerden, Comrie

The Supreme Court of Appeal held that the 12.5% cap in section 74L applies only to necessary expenses and remuneration, not to costs incurred due to debtor default or disappearance. Costs arising from section 65 proceedings are recoverable separately, but only one collection commission may be claimed, and attorney-administrators cannot claim a section 65 collection fee in addition to the fee under section 74. Attorney-administrators act in a professional capacity throughout and must deposit all monies received into a trust account in terms of the Attorneys Act. Interest accrued on trust accou…

Source excerpt

  • Administration Orders
  • Magistrates Courts Act
  • Attorneys Trust Accounts
  • Collection Fees
  • Fiduciary Duties
  • Interest On Trust Accounts
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Civil Procedure [2003] ZAWCHC 42

African Bank Limited v Weiner and Others (4332/02)

African Bank Limited v Weiner and Others (4332/02) [2003] ZAWCHC 42; [2003] 4 All SA 50 (C); 2004 (6) SA 570 (C) (1 September 2003)

Court
Western Cape High Court, Cape Town
Case number
4332/02
Judges
Griesel, Selikowitz

The court held that the applicant, as a creditor with proved claims against debtors under administration, has a direct and substantial interest in ensuring compliance with the statutory duties of administrators. The court dismissed the preliminary point regarding locus standi and found that declaratory relief was appropriate in the public interest. On the merits, the court determined that the first respondent, as a practising attorney, is not obliged to provide security under section 74E(3), but must deposit all monies received as administrator into his attorney's trust account in terms of se…

Source excerpt

  • Administration Orders
  • Remuneration Of Administrators
  • Fiduciary Duties
  • Trust Accounts
  • Interest On Trust Funds
  • Declaratory Relief
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.