South Africa Case Law

Bester N.O. and Others v Quintado 120 (Pty) Ltd (CCT160/21)

Bester N.O. and Others v Quintado 120 (Pty) Ltd (CCT160/21) [2021] ZACC 49; 2022 (11) BCLR 1389 (CC) (13 December 2021)

Court

Constitutional Court

Case number

CCT 160/21

Judges

Madlanga, Madondo, Majiedt, Mhlantla, Pillay, Rogers, Theron, Tlaletsi, Tshiqi

The Constitutional Court held that its jurisdiction was not engaged because the applicants failed to establish a constitutional issue or an arguable point of law of general public importance. The 'directing mind' doctrine is already recognised as flexible and pragmatic in South African law, and the applicants' arguments for further development were unsupported by any infringement of constitutional rights. The matter turned on factual disputes regarding enrichment and creditor standing, which are not suitable for determination by the Constitutional Court. The application for leave to appeal wa…

Source excerpt

• Company Liquidation
• Creditor Standing
• Directing Mind Doctrine
• Enrichment Claims
• Development Of Common Law