Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

South Africa decisions

Decisions matching the current search

Clear filters
Commercial And Corporate [2012] ZAKZPHC 78

Fraser NO and Others v Amalgamated Brokers CC (7806/2011)

Fraser NO and Others v Amalgamated Brokers CC (7806/2011) [2012] ZAKZPHC 78 (27 June 2012)

The court found that the respondent received the letter of demand, as evidenced by the post office confirmation and the respondent's lack of denial. Strict compliance with the statutory method of service is unnecessary where the respondent is effectually notified. The respondent failed to pay the debt demanded, satisfying the statutory test for inability to pay debts. The transaction was characterized as a purchase and sale rather than agency, based on the respondent's conduct, documentation, and the levying of VAT. The respondent acted negligently by paying the supplier without adequate veri…

  • Provisional Liquidation
  • Service Of Demand
  • Agency Vs Sale
  • Negligence In Commercial Transaction
  • Passing Of Risk
  • Creditor Remedies
Read case analysis
Civil Procedure [2012] ZAKZPHC 44

Green v Amalgamated Brokers CC (7806/2011)

Green v Amalgamated Brokers CC (7806/2011) [2012] ZAKZPHC 44 (26 June 2012)

The court found that the applicant had complied with the statutory requirements for service of demand, as the respondent received the letter of demand and did not dispute receipt. The respondent's failure to pay the demanded debt after service of the letter satisfies the requirements for deeming it unable to pay its debts under section 345(1)(a)(ii) of the Companies Act. The transaction between the parties was characterized as a purchase and sale rather than an agency, based on the conduct of the respondent and the nature of the transaction. The respondent was found to have acted negligently…

  • Provisional Liquidation
  • Service Of Demand
  • Agency Vs Sale
  • Negligence In Commercial Transaction
Read case analysis

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.