South Africa Case Law

Bergville Mall (Pty) Ltd v Biltworx (Pty) Ltd (12146/15, A36/17)

Bergville Mall (Pty) Ltd v Biltworx (Pty) Ltd (12146/15, A36/17) [2018] ZAGPPHC 850 (14 December 2018)

Court

North Gauteng High Court, Pretoria

Case number

12146/15, A36/17

Judges

M L Senyatsi, M Munzhelele, M J Teffo

The High Court held that a settlement agreement compromised prior debts, so the liquidators were not obliged to issue a VAT invoice for the claimed vatable supply.

• Vat Invoice Obligation
• Compromise And Novation
• Liquidation And Distribution Account
• Appropriation Of Payments
• Section 26 Value Added Tax Act
• Finality Of Master Confirmation

KMSA v Moss and Another (24939/2015)

KMSA v Moss and Another (24939/2015) [2018] ZAGPPHC 731 (23 March 2018)

Court

North Gauteng High Court, Pretoria

Case number

24939/2015

Judge

N V Khumalo

The court found that the suretyship agreement signed by the Respondents was explicit and exceptionally wide, covering all obligations of EMT to the Applicant, including those arising from the Dealer Agreement and any subsequent compromise or arbitration award. The suretyship was accessory but not a composite part of the Dealer Agreement, and its terms, not the Dealer Agreement, determined the Respondents' liability. The compromise and arbitration award constituted a new cause of action, barring the Respondents from raising defences available to EMT under the original agreement. The Respondent…

Source excerpt

• Suretyship Liability
• Compromise And Novation
• Leave To Appeal
• Arbitration Award Enforcement

Transnet Limited v Ed-U-College (Port Elizabeth) (3618/2016)

Transnet Limited v Ed-U-College (Port Elizabeth) (3618/2016) [2017] ZAECPEHC 15 (21 February 2017)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3618/2016

Judge

S M Mbenenge

The court held that a 2013 settlement did not compromise a prior acknowledged rental debt; arbitration was limited to later periods and costs went to Transnet.

• Lease Agreement Dispute
• Settlement Agreement
• Compromise And Novation
• Arrear Rental
• Eviction
• Arbitration Of Indebtedness

Steenkamp NO and Another v Mossel Bay Municipality (21583/2011)

Steenkamp NO and Another v Mossel Bay Municipality (21583/2011) [2016] ZAWCHC 127 (22 August 2016)

Court

Western Cape High Court, Cape Town

Case number

21583/2011

Judge

Davis

The High Court allowed the plaintiffs to amend their particulars of claim, holding the amendment did not introduce a new cause of action and caused no irremediable prejudice.

• Amendment Of Pleadings
• Prescription Act
• Compromise And Novation
• Specific Performance
• Repudiation Of Contract
• Amendment-of-pleadings

Absa Bank Ltd v Etsane (33071/2012)

Absa Bank Ltd v Etsane (33071/2012) [2016] ZAGPPHC 13 (15 January 2016)

Court

North Gauteng High Court, Pretoria

Case number

33071/2012

Judge

N.M. Mavundla

The court found that the defendant had breached both the original loan agreement and the subsequent settlement agreement made an order of court. The settlement agreement did not extinguish the original cause of action, as it expressly preserved the plaintiff's right to seek execution upon breach. The defendant failed to make any payments or provide updated financial information, and his arguments regarding constructive breach and impossibility of compliance were unpersuasive. The right to housing does not prevent execution against a primary residence where substantial debt remains unpaid. The…

Source excerpt

• Mortgage Bond Enforcement
• Summary Judgment
• Primary Residence Execution
• Compromise And Novation
• Rule 46 Execution
• Contractual Breach

Bergville Mall (Pty) Ltd v Biltworx (Pty) Ltd (In Liquidation) (12146/2015)

Bergville Mall (Pty) Ltd v Biltworx (Pty) Ltd (In Liquidation) (12146/2015) [2015] ZAGPPHC 840 (11 December 2015)

Court

North Gauteng High Court, Pretoria

Case number

12146/2015

Judge

DE VOS

The High Court dismissed an application to compel liquidators to issue a VAT invoice, finding the settlement was a compromise and novation with no VAT term.

• Vat Invoice Obligation
• Compromise And Novation
• Liquidation And Distribution Account
• Settlement Agreement Interpretation
• Administrative Action
• Res Judicata

Sheriff of the High Court, Brits v Mngomezulu, Wilson v Pecanprops 43 CC and Others (987/2010)

Sheriff of the High Court, Brits v Mngomezulu, Wilson v Pecanprops 43 CC and Others (987/2010) [2015] ZANWHC 64 (10 September 2015)

Court

North West High Court, Mafikeng

Case number

987/2010

Judge

Kgoele

The court dismissed the purchaser’s challenge to an execution sale and upheld the sheriff’s Rule 46(11) application, finding no locus standi and no fatal non-joinder.

• Sale In Execution
• Joinder
• Locus Standi
• Attachment Of Property
• Rule 46 Uniform Rules
• Compromise And Novation

Standard Bank of South Africa Ltd v Ukubona Holding (Pty) Ltd (2011/37486)

Standard Bank of South Africa Ltd v Ukubona Holding (Pty) Ltd (2011/37486) [2012] ZAGPJHC 41 (20 March 2012)

Court

South Gauteng High Court, Johannesburg

Case number

2011/37486

Judge

Lamont

The court held that a settlement postponing payment did not compromise the debt. Because the respondent failed to pay, a final winding-up order was granted.

• Winding Up Of Company
• Creditor Rights
• Compromise And Novation
• Settlement Agreements
• Winding-up
• Company-liquidation