National Director of Public Prosecutions v Templar Capital Ltd (62601/2021) [2024] ZAGPPHC 244 (2 February 2024)
Court
North Gauteng High Court, Pretoria
Case number
62601/2021
Judge
N Janse van Nieuwenhuizen
The High Court dismissed a postponement bid by Griffin Line and granted a POCA forfeiture order over part of Templar Capital’s claims against Optimum Coal Mine.
Cooperative Muratori & Cementisti-CMC Di Tavena Societi Cooperative A Responsabilita Limitada (External Company Incorporated in Italy) and Others v Companies and Intellectual Properties Commission and Others (15454/ 2019) [2019] ZAGPPHC 529; 2020 (2) SA 109 (GP) (15 October 2019)
Court
North Gauteng High Court, Pretoria
Case number
15454/2019
Judge
Potterill
The court held that an external company cannot be placed in business rescue under the Companies Act and refused recognition of an Italian restructuring order.
MV 'Ivory Tirupati' and Another v Badan Urusan Logistik (513/01) [2002] ZASCA 155; [2003] 1 All SA 55 (SCA); 2003 (3) SA 104 (SCA) (29 November 2002)
Court
Supreme Court of Appeal
Case number
513/01
Judges
Farlam, Hefer, Scott, Conradie, Jones
The Supreme Court of Appeal held that the claim based on the Hong Kong judgment was not the same as the original cargo claim for which the 'Amer Prabha' was arrested. The judgment created a new and independent cause of action, requiring proof of additional facts such as the competence and conclusiveness of the foreign judgment. Therefore, the arrest of the first appellant was not precluded by sections 3(6) and 3(8) of the Admiralty Jurisdiction Regulation Act. The letter of undertaking was construed as covering only the cargo claim and not the enforcement of the judgment. The respondent was e…