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…
Source excerpt
- Provisional Liquidation
- Service Of Demand
- Agency Vs Sale
- Negligence In Commercial Transaction
- Passing Of Risk
- Creditor Remedies