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South Africa decisions
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ABSA Bank Limited v Best Accounts and Tax Professionals (Pty) Ltd and Others (030535/2022) [2024] ZAGPJHC 640 (15 July 2024)
The High Court granted summary judgment for ABSA on an overdraft claim, rejecting Uniform Rule 17, NCA, cancellation, and counterclaim defences.
RM Beton CC v RCS Formcon (Pty) Ltd (3063/2021) [2022] ZAFSHC 71 (4 February 2022)
The court found that the respondent's refusal to pay the applicant's account was not based on legitimate or bona fide grounds. The respondent's alleged counterclaim was not supported by any instituted action and did not constitute a genuine dispute of the debt. The respondent had acknowledged the debt and its inability to pay at the time it was due. The applicant was not required to prove insolvency, and the respondent's financial statements did not negate its admission of inability to pay. The statutory letter of demand was deemed properly delivered, as the respondent had received and replie…
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Nels Investments CC v Bellinghan (7048/2018) [2018] ZAWCHC 142 (31 October 2018)
The court found that the respondent, as surety and sole member of Biothane, committed acts of insolvency by admitting inability to pay debts in written correspondence and by participating in settlement negotiations in both his personal and representative capacities. The respondent's counterclaim for improvements was not bona fide, as the lease agreement expressly precluded compensation for improvements and set-off. The court held that admissions made during without prejudice negotiations may be relied upon as evidence of insolvency. The respondent failed to demonstrate solvency, and the requi…
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Koo v Breedt (12166/02) [2003] ZAGPHC 10 (8 October 2003)
The court removed a bar to late pleas on most counterclaims, but refused relief for the fourth counterclaim and granted default judgment for R260,000 plus interest.
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