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South Africa decisions
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Moshoeshoe v Master Of High Court and Others (003981/2022) [2023] ZAGPJHC 1505 (5 October 2023)
The High Court set aside the removal of an executrix and the appointment of her replacement for non-compliance with the Administration of Estates Act and PAJA.
Absa Trust Ltd N.O obo FX Mbenze Trust v Road Accident Fund (30152/2021) [2022] ZAGPPHC 869 (16 November 2022)
The High Court ordered the Road Accident Fund to pay trust administration and security bond costs, plus interest and attorney-client costs, under a prior section 17(4)(a) undertaking.
Valerio Engineering CC v Designatech (Pty) Ltd (36816/2021) [2022] ZAGPPHC 706 (21 September 2022)
The court found that the applicant had established a prima facie case for the provisional liquidation of the respondent. The applicant demonstrated the respondent's indebtedness through invoices and messages evidencing admission of liability. The respondent's auditor's letter and bank details were insufficient to prove solvency, and the respondent failed to show that the indebtedness was disputed on bona fide and reasonable grounds. The point in limine regarding the bond of security was dismissed, as the statutory requirements do not mandate that the certificate accompany the application at f…
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Rabie N.O obo Thabiso Abraham Oliphant Trust v Road Accident Fund (40543/2019) [2021] ZAGPPHC 312 (13 May 2021)
The court held that the interpretation of 'rendering of a service or supplying of goods' in section 17(4)(a) of the Road Accident Fund Act cannot be restricted to services regulated by a prescribed tariff. The wording is sufficiently broad to include the reasonable costs incurred in the establishment and administration of a trust and the bond of security for the benefit of the road accident victim. The court found that such expenses are claimable under the section 17(4)(a) undertaking certificate, provided they are reasonable. The respondent is therefore liable to pay the applicant the claime…
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Andries v Mango Moon Trading 1122 CC t/a V & R Auto Collision Repair Specialists (1798/2014) [2014] ZAECPEHC 42 (18 June 2014)
Urgent High Court matter ordering return of a repaired motor vehicle to its owner upon tender of security, with costs awarded against the respondent.
Careline Products (Pty) Ltd v Goal Post Investments 1 (Pty) Ltd (3357/2008 & 4149/2008) [2008] ZAWCHC 127 (1 January 2008)
The court refused a postponement, allowed ABSA to intervene, and granted a provisional winding-up order against Goal-Post Investments 1 (Pty) Ltd.
Alton Coach Africa CC v Datcentre Motors (Pty) Ltd t/a CMH Commercial (8908/2005) [2006] ZAKZHC 16; 2007 (6) SA 154 (D); [2008] 2 All SA 635 (D) (22 December 2006)
The court found that the respondent's claim for loss of profits was not a liquidated debt as required by section 69(1)(a) of the Close Corporations Act. The calculation of the alleged loss of profits did not account for various costs and was not easily ascertainable, rendering the claim illiquid and not due or payable at the time the section 69 notice was issued. The respondent's application for a bond of security was premature, as the 21-day period stipulated in the section 69 notice had not expired. The court further held that the respondent's conduct in initiating liquidation proceedings w…
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