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South Africa Case Law

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Civil Procedure [2014] ZAFSHC 15

Hennie Lambrechts Architects v Bombenero Investments (Pty) Ltd (A49/2013)

Hennie Lambrechts Architects v Bombenero Investments (Pty) Ltd (A49/2013) [2014] ZAFSHC 15; 2015 (6) SA 375 (FB) (20 February 2014)

Court
Free State High Court, Bloemfontein
Case number
A49/2013
Judges
Mocumie, Lekale, Moloi

The majority held that, despite the omission of section 13 in the new Companies Act, the High Court retains the inherent power to order an incola company to furnish security for costs where the circumstances justify such an order. The court found that the respondent failed to provide credible evidence of its ability to pay costs and did not act bona fide in refusing to disclose financial statements or prove ownership of assets. The court determined that the common law should be developed to allow for judicial discretion in ordering security for costs against incola companies, aligning with th…

Source excerpt

  • Security For Costs
  • Companies Act 1973 Section 13
  • Companies Act 2008
  • Development Of Common Law
  • Access To Court
  • Rule 47 Application
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Civil Procedure [2012] ZAKZDHC 61

Vienings v Paint and Ladders (Pty) Ltd (12929/2009)

Vienings v Paint and Ladders (Pty) Ltd (12929/2009) [2012] ZAKZDHC 61 (30 October 2012)

Court
Kwazulu-Natal High Court, Durban
Case number
12929/2009
Judge
M Pillemer

The court found that the right to seek security for costs under section 13 of the Companies Act 1973 accrued when summons was served and survived the repeal of the Act by virtue of section 12(2)(c) of the Interpretation Act. The defendant provided credible evidence that the plaintiff had failed to pay a previous costs order, which was ultimately settled by another company in the group, and the plaintiff refused to provide any financial disclosure or explanation. The plaintiff's reliance on its group structure and listed status was insufficient, as only the plaintiff company is liable for cost…

Source excerpt

  • Security For Costs
  • Companies Act 1973 Section 13
  • Interpretation Act Section 12
  • Delay In Application
  • Group Company Liability
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.