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South Africa decisions
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Bodyshop Equipment Solutions (Pty) v Pride Autobody Worx (Pty) Ltd and Another (032661-2023) [2024] ZAGPJHC 217 (4 March 2024)
The High Court granted judgment for debt recovery and suretyship claims, rejecting a hearsay-based defence and finding no genuine dispute of fact.
Standard Bank of South Africa Ltd v Bloemfontein Celtic Football Club (Pty) Ltd (3894/2018) [2019] ZAFSHC 173; 2020 (3) SA 298 (FB) (12 September 2019)
Clause 2.2 of the memorandum of agreement between the parties is contrary to public policy and void, as it purports to deprive the respondent of its constitutional right to defend itself in court. The applicant's attempt to revert to the original notice of motion for liquidation is predicated on this illegal clause and thus cannot succeed. Furthermore, even if the agreement were valid, the court exercises its discretion not to grant a winding-up order, as the applicant has alternative remedies available, such as exercising its power of attorney to sell the properties. The applicant's conduct…
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Mortgage Secured Finance (Pty) Ltd v National Credit Regulator (NCT/88262/2017/56(1)) [2018] ZANCT 123 (20 September 2018)
The Tribunal confirmed a compliance notice against a credit provider for charging prohibited fees under the National Credit Act and ordered refunds and auditing.
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