South Africa Case Law

Boost Sports Africa (Pty) Limited v South Africa Breweries (Pty) Limited (20156/2014)

Boost Sports Africa (Pty) Limited v South Africa Breweries (Pty) Limited (20156/2014) [2015] ZASCA 93; 2015 (5) SA 38 (SCA); [2015] 3 All SA 255 (SCA); 2015 BIP 22 (SCA) (1 June 2015)

Court

Supreme Court of Appeal

Case number

20156/2014

Judges

Ponnan, Mhlantla, Mbha, Fourie, Gorven

The Supreme Court of Appeal held that, following the repeal of section 13 of the Companies Act 61 of 1973 and its omission from the Companies Act 71 of 2008, there is no longer a statutory basis for compelling an incola company to furnish security for costs. However, the court retains an inherent discretion under common law, derived from section 173 of the Constitution, to order security for costs where the action is vexatious, reckless, or an abuse of process. Mere inability to satisfy a potential costs order is insufficient; something more is required. In this case, the appellant failed to…

Source excerpt

• Security For Costs
• Common Law Discretion
• Abuse Of Process
• Access To Court
• Confidential Information
• Corporate Veil

Maigret (Pty) Ltd v Command Holdings Ltd and Another (2680/2005)

Maigret (Pty) Ltd v Command Holdings Ltd and Another (2680/2005) [2012] ZAWCHC 190; 2013 (2) SA 481 (WCC) (26 November 2012)

Court

Western Cape High Court, Cape Town

Case number

2680/2005

Judge

P.A.L. Gamble

The High Court dismissed a security-for-costs application, holding that insolvency alone was not enough and that the defendants had shown no vexatious or abusive litigation.

• Security For Costs
• Companies Act 2008
• Common Law Discretion
• Access To Courts
• Abuse Of Process
• Security-for-costs

Brits and Another v Mahon and Others (4764/2009)

Brits and Another v Mahon and Others (4764/2009) [2009] ZAWCHC 150 (21 September 2009)

Court

Western Cape High Court, Cape Town

Case number

4764/2009

Judge

K J Moloi

The High Court refused to order a peregrinus respondent to furnish security for costs in interpleader proceedings arising after execution and attachment.

• Security For Costs
• Interpleader Proceedings
• Peregrinus And Incola
• Common Law Discretion
• Security-for-costs
• Interpleader-proceedings

Van Den Berg v Senwes Beperk (5711/07)

Van Den Berg v Senwes Beperk (5711/07) [2008] ZAFSHC 12 (28 February 2008)

Court

Free State High Court, Bloemfontein

Case number

5711/07

Judge

C Van Zyl

The court found that the applicant provided a reasonable and acceptable explanation for her default, given her advanced age, lack of resources, and reliance on her son and attorneys. The evidence showed she was not aware of the trial date or the withdrawal of her attorneys, and her explanation was corroborated by her son's affidavit. The respondent's argument that she should have known was not supported by the facts. The court accepted the applicant's assertion that she only learned of the judgment in November 2007 and acted promptly thereafter. On the merits, the applicant presented a bona f…

Source excerpt

• Rescission Of Default Judgment
• Sufficient Cause
• Common Law Discretion
• Bona Fide Defence