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South Africa Case Law

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Commercial And Corporate [2024] ZAGPPHC 513

PS Software Contracting CC v Bright Alloys (Pty) Ltd (formerly Mogale Alloys (Pty) Ltd) (49562/2010)

PS Software Contracting CC v Bright Alloys (Pty) Ltd (formerly Mogale Alloys (Pty) Ltd) (49562/2010) [2024] ZAGPPHC 513 (7 June 2024)

Court
North Gauteng High Court, Pretoria
Case number
49562/2010
Judge
Retief

The court found that the plaintiff's claim arose before the publication date of the business rescue plan and was therefore not a contingent claim as defined in the plan. The defendant's reliance on waiver and extinguishment under the business rescue plan and section 154 of the Companies Act was misplaced, as no determination had been made that a debt was owed or due and payable. The plaintiff's claim was not extinguished, waived, or rendered unenforceable by the business rescue process. The special plea was dismissed, and condonation was granted for the late filing of the plaintiff's answer.

Source excerpt

  • Business Rescue
  • Contingent Claims
  • Companies Act Section 154
  • Special Plea
  • Condonation
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Civil Procedure [2019] ZASCA 188

Magic Eye Trading 77 CC v Santam Limited (775/2018)

Magic Eye Trading 77 CC v Santam Limited (775/2018) [2019] ZASCA 188; 2022 (6) SA 120 (SCA) (10 December 2019)

Court
Supreme Court of Appeal
Case number
775/2018
Judges
Cachalia, Zondi, Nicholls, Gorven, Hughes

The Supreme Court of Appeal held that a claim for indemnification under an insurance contract only arises when liability to the third party in a fixed amount has been established, either by agreement or by court order. Until then, the insured's right to claim is merely contingent and does not constitute a 'debt' for purposes of prescription under the Prescription Act. The court distinguished the facts from Truck and General Insurance Co Ltd v Verulam Fuel Distributors CC, finding that the latter did not overrule the principles established in Pereira and related cases. The appeal succeeded bec…

Source excerpt

  • Prescription Act
  • Insurance Indemnity
  • Contingent Claims
  • Declaratory Orders
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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.