Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Villa Retail Park Investments (Pty) Ltd and Others v Lombaard and Others (35617/2022) [2023] ZAGPPHC 1118 (15 August 2023)
The High Court granted property owners leave to intervene in forfeiture-related proceedings because the case could affect their proprietary rights.
Dulce Vita CC v van Coller and Others (192/12) [2013] ZASCA 22; [2013] 2 All SA 646 (SCA) (22 March 2013)
The Supreme Court of Appeal held that neither the contravention of section 11 of the Banks Act nor the failure to comply with Notice 459 under the Consumer Affairs (Unfair Business Practices) Act rendered the public property syndication scheme or the agreements entered into to give effect to the scheme unlawful or void ab initio. The court found that Notice 459 criminalised the withholding of prescribed information but did not invalidate the scheme or related agreements. Similarly, the Banks Act did not provide for the nullity of contracts entered into in contravention of its provisions. The…
Source excerpt
Stewart NO and Another v Bekker and Others (2349/11, 3006/11, 3008/11) [2012] ZAFSHC 230 (4 December 2012)
The court held that the payments received by the defendants from the illegal pyramid scheme operated by the Minnes constituted dispositions without value under section 26 of the Insolvency Act. Applying the principles from Fourie v Edeling, the trustees were entitled to recover only the excess amounts received by the defendants over their original investments, not the invested capital itself. The plaintiffs' initial claims for the full amounts were incorrect and contributed to the protracted litigation. Both parties were found to have contributed to the drawn-out proceedings by failing to mak…
Source excerpt
Explore more
