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South Africa decisions
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Crouch v FirstRand Bank Ltd t/a Wesbank (1957/2020) [2021] ZANCHC 64 (19 November 2021)
The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success against refusal of rescission and no error in the credit assessment findings.
Atlantis Mining (SA) (Pty) Ltd and Others v IPC Coal (Pty) Ltd and Others (38308/2017) [2019] ZAGPPHC 152 (10 May 2019)
The applicants established locus standi as creditors of IPC Coal, with their claims supported by admissions and insufficiently disputed by the Sixth Respondent. The resolution to voluntarily commence business rescue proceedings was invalid, as winding-up proceedings had already been initiated and a provisional order granted, suspending the board's powers. Even if the winding-up application was withdrawn, the applicants' counter-application predated and barred the resolution. The Sixth Respondent's reliance on a moratorium under section 133 was misplaced, as business rescue proceedings had not…
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Road Accident Fund v Moshani (EL311/06) [2008] ZAECHC 213 (14 October 2008)
The High Court refused the Road Accident Fund leave to withdraw an admission in its plea, citing inadequate disclosure, unexplained delay, and likely prejudice.
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