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South Africa Case Law

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Family And Children [2024] ZAWCHC 28

S.Y v A.D (24406/2016)

S.Y v A.D (24406/2016) [2024] ZAWCHC 28 (6 February 2024)

The High Court postponed a divorce trial sine die after finding the matter not trial ready because of disputed and incomplete financial discovery.

  • Divorce Proceedings
  • Discovery Of Documents
  • Maintenance
  • Division Of Joint Estate
  • Forensic Audit
  • Divorce-proceedings
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Commercial And Corporate [2022] ZAGPPHC 211

Bester and Others v Lebra Developments (Pty) Ltd and Others (88160/19)

Bester and Others v Lebra Developments (Pty) Ltd and Others (88160/19) [2022] ZAGPPHC 211 (24 March 2022)

The High Court found unfair prejudice under section 163, ordered a forensic audit of Lebra’s finances, and postponed buyout relief pending valuation.

  • Oppressive Conduct
  • Minority Shareholder Rights
  • Forensic Audit
  • Fair Value Buyout
  • Section 163 Companies Act
  • Director Removal
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Commercial And Corporate [2017] ZAGPPHC 512

Jenkins v Davison and Others (47321/2017)

Jenkins v Davison and Others (47321/2017) [2017] ZAGPPHC 512 (17 August 2017)

The court granted urgent interim relief, appointing a forensic auditor and restraining a director from moving company funds without authorisation.

  • Oppressive Conduct
  • Section 163 Companies Act
  • Urgent Interdict
  • Forensic Audit
  • Shareholder Dispute
  • Urgent-interdict
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Civil Procedure [2016] ZAECPEHC 29

Afriforum (Non-Profit Company) and Others v Nelson Mandela Bay Metropolitan Municipality and Others (4556/2015)

Afriforum (Non-Profit Company) and Others v Nelson Mandela Bay Metropolitan Municipality and Others (4556/2015) [2016] ZAECPEHC 29 (29 June 2016)

The court postponed a judicial review because the application had been set down prematurely under Rule 53. Applicants were ordered to pay the postponement costs.

  • Uniform Rule 53
  • Review Proceedings
  • Premature Set Down
  • Forensic Audit
  • Costs Of Postponement
  • Rule-53
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Family And Children [2016] ZAFSHC 35

B and Another v B, In re: B v B (3149/2013)

B and Another v B, In re: B v B (3149/2013) [2016] ZAFSHC 35 (11 February 2016)

The court dismissed a rescission application against a divorce order, finding no good cause or bona fide defence, and confirmed business-related interim orders.

  • Rescission Of Judgment
  • Maintenance Orders
  • Division Of Joint Estate
  • Interim Interdict
  • Forensic Audit
  • Variation Of Court Orders
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Commercial And Corporate [2014] ZAGPPHC 374

A.H v A.H and Another (52044/2013)

A.H v A.H and Another (52044/2013) [2014] ZAGPPHC 374 (16 May 2014)

A High Court ordered both spouses to stop withdrawing funds from their close corporation except in the normal course of business, pending divorce proceedings.

  • Close Corporation Member Dispute
  • Final Interdict
  • Forensic Audit
  • Unlawful Withdrawals
  • Close-corporation-dispute
  • Final-interdict
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Commercial And Corporate [2012] ZASCA 113

Wilds Home Owners Association and Others v Van Eeden and Others (780/11)

Wilds Home Owners Association and Others v Van Eeden and Others (780/11) [2012] ZASCA 113 (13 September 2012)

The Supreme Court of Appeal partly amended a s 252 order, limiting a forensic audit, preserving the developer’s veto right, and upholding an interdict on litigation payments.

  • Companies Act 1973 Section 252
  • Shareholder Rights
  • Articles Of Association Amendment
  • Developer Veto Rights
  • Forensic Audit
  • Remuneration Of Directors
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Civil Procedure [2011] ZAGPPHC 212

Quondisa Development Facilitators CC v Regenass and Another (49702/10)

Quondisa Development Facilitators CC v Regenass and Another (49702/10) [2011] ZAGPPHC 212 (8 December 2011)

The court granted condonation but dismissed a review of an arbitration-related financial report, finding no irregularity, misconduct, or unfairness.

  • Arbitration Act Section 33
  • Condonation Of Late Filing
  • Review Of Arbitration Award
  • Forensic Audit
  • Joint Venture Dispute
  • Arbitration-review
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Civil Procedure [2011] ZASCA 145

Mda v Law Society of the Cape of Good Hope (534/10)

Mda v Law Society of the Cape of Good Hope (534/10) [2011] ZASCA 145; 2012 (1) SA 15 (SCA) (26 September 2011)

The court held that the Law Society could inspect broad practice and accounting records under the Attorneys Act, not only documents tied to specific complaints.

  • Attorneys Act Inspection Powers
  • Professional Misconduct
  • Forensic Audit
  • Trust Account Compliance
  • Attorneys-act-inspection-powers
  • Professional-misconduct
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Civil Procedure [2008] ZANCT 4

Shosholoza Finance CC v National Credit Regulator (NCT/09/2008/57(1)(P))

Shosholoza Finance CC v National Credit Regulator (NCT/09/2008/57(1)(P)) [2008] ZANCT 4 (6 October 2008)

The Tribunal dismissed Shosholoza Finance CC’s postponement application, finding no good cause for delay pending High Court proceedings or a forensic audit.

  • Postponement Of Proceedings
  • Jurisdictional Challenge
  • Constitutional Validity
  • Forensic Audit
  • Emolument Attachment Orders
  • Postponement-of-proceedings
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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.