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Du Toit N.O v Theron and Partners N.O and Others (4049/2021) [2022] ZAGPPHC 955 (8 December 2022)
The High Court dismissed a BRP’s bid for declaratory relief, holding that prior judgments had already confirmed enforceability of the share buy-back agreements.
Zephan (Pty) Ltd and Others v Noormahomed (2017/26036) [2018] ZAGPPHC 346 (14 May 2018)
The court found that the applicants were not in willful default, as their attorney had intended to oppose the application and communicated this intention. However, the applicants failed to disclose a bona fide defence to the respondent's claim. The business rescue plan and subsequent arrangement did not novate the original buy-back agreement, as the requirements for variation or cancellation set out in the agreement were not met. The respondent did not accept the arrangement or stipulatio alteri, and there was no evidence of her waiving her rights under the buy-back agreement. The non-joinder…
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