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South Africa Case Law

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Commercial And Corporate [2023] ZASCA 76

Pretorius v Agricultural Research Council (250/22)

Pretorius v Agricultural Research Council (250/22) [2023] ZASCA 76 (29 May 2023)

The SCA held that a farm lease renewal option could not be exercised while the lessee was in default, and upheld a claim on a dishonoured cheque.

  • Lease Agreement
  • Renewal Option
  • Non Variation Clause
  • Waiver
  • Dishonoured Cheque
  • Lease-agreement
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Commercial And Corporate [2017] ZAGPPHC 28

Brits Vleis (Pty) Ltd v Soft & Gentle Supply & Projects CC (34139/14)

Brits Vleis (Pty) Ltd v Soft & Gentle Supply & Projects CC (34139/14) [2017] ZAGPPHC 28 (3 February 2017)

Liquidation application dismissed after the court found the debt was genuinely disputed and that the respondent was not shown to be the debtor.

  • Close Corporations Act
  • Winding Up Proceedings
  • Bona Fide Dispute
  • Locus Standi
  • Dishonoured Cheque
  • Winding-up-proceedings
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Banking And Finance [2009] ZAWCHC 91

Claasen t/a Mostly Media v Delport t/a AD Industrial Chemicals (16123/2008)

Claasen t/a Mostly Media v Delport t/a AD Industrial Chemicals (16123/2008) [2009] ZAWCHC 91 (4 June 2009)

The court held that the NCA applied to the loan transactions and dishonoured cheques, and dismissed provisional sentence because the plaintiff had not given the required notice.

  • National Credit Act
  • Provisional Sentence
  • Arm S Length Transaction
  • Dishonoured Cheque
  • Consumer Protection
  • National-credit-act
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Banking And Finance [2009] ZAWCHC 84

Philip Claasen t/a Mostly Media v Delport t/a AD Industrial Chemicals (16123/2008)

Philip Claasen t/a Mostly Media v Delport t/a AD Industrial Chemicals (16123/2008) [2009] ZAWCHC 84 (4 June 2009)

The High Court held that dishonoured cheques given for loan repayment did not escape the National Credit Act, and dismissed provisional sentence for non-compliance with sections 129 and 130.

  • National Credit Act
  • Provisional Sentence
  • Arm S Length Transaction
  • Dishonoured Cheque
  • Consumer Protection
  • National-credit-act
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Civil Procedure [2005] ZAGPHC 371

Lishwa Constructions CC v Hard Property Development Group

Lishwa Constructions CC v Hard Property Development Group [2005] ZAGPHC 371; 92/05/01 (17 August 2005)

The High Court granted provisional sentence on dishonoured cheques, finding the defendants' payment and completion defences unsubstantiated.

  • Provisional Sentence
  • Dishonoured Cheque
  • Payment Dispute
  • Provisional-sentence
  • Dishonoured-cheque
  • Payment-dispute
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Criminal Law [1986] ZASCA 46

S v Mattheus (313/85)

S v Mattheus (313/85) [1986] ZASCA 46 (7 May 1986)

The court set aside fraud convictions after finding the State had not proved the post-dated cheque was falsely represented or that the appellants lacked a genuine belief in payment.

  • Fraud
  • False Representation
  • Burden Of Proof
  • Dishonoured Cheque
  • False-representation
  • Burden-of-proof
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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.