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
Tayob v Lifestyle Furnishers CC (In Liquidation) (14835/2020) [2024] ZAGPPHC 1283 (29 November 2024)
The High Court granted a business rescue practitioner's Rule 47 application for security for costs against a liquidated close corporation in litigation over alleged reckless trading.
Tayob v Lifestyle Furnishers CC (14835/2020) [2024] ZAGPPHC 1132 (4 November 2024)
The High Court ordered a liquidated close corporation to furnish security for costs in an action against a business rescue practitioner, finding it impecunious and funded by a creditor.
Super Steel LDA v Machava Trading CC (2023/008088) [2024] ZAGPJHC 137 (19 February 2024)
The High Court granted provisional sentence, finding on the papers that the signatory had actual authority to acknowledge Machava Trading CC’s debt.
Venter and Another v Steyn and Others (3368/2019) [2023] ZANWHC 107 (19 July 2023)
The High Court dismissed special pleas of prescription in a dispute involving a close corporation and alleged repayments, finding the claims were not prescribed.
Kgoste v 4 Seasons Logistics CC (9657/2022) [2022] ZAWCHC 229 (9 November 2022)
The court refused rescission of a default judgment and placed 4 Seasons Logistics CC into provisional liquidation for inability to pay its debts.
Beautement v Propnu t/a Properteam Rental and Another (A3010/17) [2020] ZAGPJHC 365 (9 October 2020)
The appeal court found that the second respondent acted recklessly and fraudulently in her management of the first respondent, particularly in backdating the independent contractor agreement and misrepresenting the liability for Skills Development Levy. The evidence showed that the appellant was an employee of the first respondent, as confirmed by IRP5 documents and the CCMA award. The backdating of the contract and the misleading statements regarding SDL were intended to avoid legal obligations and defraud SARS. The first respondent ceased operations shortly after the CCMA award, and there w…
Source excerpt
Liberty Group Limited t/a Liberty Life v Makgotla and Another (43579/13) [2018] ZAGPPHC 625 (25 January 2018)
The court found that all facts necessary for the plaintiff to institute action were available by 7 May 2009, when the plaintiff elected to recover the overpaid commission. The ongoing movement of commission balances did not prevent prescription from running, as the cause of action was complete at that time. The deregistration of the close corporation was confirmed in May 2013, but this did not affect the running of prescription. The defendant's special plea of prescription was upheld, and the plaintiff's claim was dismissed with costs.
Source excerpt
Izaksmal and Another v BP Southern Africa (Pty) Ltd (15/38943) [2017] ZAGPPHC 674 (29 September 2017)
The court found that the plaintiffs' action was reckless, vexatious, and amounted to an abuse of process. The plaintiffs failed to challenge previous judgments, including an eviction order and arbitration award, and their cause of action was unsustainable. The court exercised its discretion, as confirmed by precedent, to order the plaintiffs to furnish security for the defendants' legal costs. The action was stayed pending provision of security, and the plaintiffs were ordered to pay the costs of the application jointly and severally.
Source excerpt
Leithcon Earthmoving CC v Matlala and Another (2015/82835) [2017] ZAGPPHC 257 (7 June 2017)
The court upheld an exception to particulars of claim, finding the plaintiff’s alternative claim vague, embarrassing, and lacking averments to sustain liability.
Tanker Services (Pty) Ltd v Lethiba (43918/2013) [2016] ZAGPPHC 901 (22 September 2016)
The court held that the plaintiff’s claim prescribed because no determined debt existed against the deregistered close corporation when liability was said to pass to the member.
Explore more
