Pick n Pay Retailers (Pty) Ltd v Cascade Avenue Trading 158 (Pty) Ltd (150/2024)
Pick n Pay Retailers (Pty) Ltd v Cascade Avenue Trading 158 (Pty) Ltd (150/2024) [2024] ZANCHC 18 (26 February 2024)
The applicant established urgency due to ongoing commercial loss and risk to its security, and acted promptly in bringing the application. The respondent's payments were appropriately allocated to historical debt in terms of the agreement, and the respondent remained indebted to the applicant. The contractual provisions entitle the applicant to perfect its security under the General Notarial Bond, and court oversight is required for such perfection. The respondent's arguments regarding the punitive nature of perfection and the alleged supplementation of the applicant's case in reply were reje…
Source excerpt
- Notarial Bond Perfection
- Urgent Interdict
- Franchise Agreement Breach
- Allocation Of Payments
- Security Enforcement