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South Africa Case Law

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Commercial And Corporate [2024] ZAWCHC 10

Engelbrecht N.O. and Others v Stadler (11100/2015)

Engelbrecht N.O. and Others v Stadler (11100/2015) [2024] ZAWCHC 10 (26 January 2024)

The High Court held that payments made by an insolvent to a company controlled by the defendant were recoverable, but reduced the claim for certain third-party account payments.

  • Insolvency Act
  • Alter Ego Liability
  • Contractual Restitution
  • Setting Aside Dispositions
  • Insolvency-law
  • Alter-ego-liability
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Civil Procedure [2012] ZAFSHC 189

Du Preez and Others v Van der Berg and Others; Van der Berg and Others v Du Preez and Others (794/2012, 2326/2009)

Du Preez and Others v Van der Berg and Others; Van der Berg and Others v Du Preez and Others (794/2012, 2326/2009) [2012] ZAFSHC 189 (11 October 2012)

The court dismissed a late rescission application, finding no reasonable explanation for default and no bona fide defence. Costs were ordered on an attorney-and-client scale.

  • Rescission Of Judgment
  • Condonation
  • National Credit Act
  • Alter Ego Liability
  • Rescission-of-judgment
  • Execution-proceedings
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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.