Hennie Lambrechts Architects v Bombaneiro Investments (Pty) Ltd, In re: Bombaneiro Investments (Pty) Ltd v Hennie Lambrechts Architects (3032/2012)
Hennie Lambrechts Architects v Bombaneiro Investments (Pty) Ltd, In re: Bombaneiro Investments (Pty) Ltd v Hennie Lambrechts Architects (3032/2012) [2013] ZAFSHC 8; 2013 (2) SA 477 (FB) (14 February 2013)
The court held that, while the applicant raised concerns regarding vexatious litigation and the respondent's financial standing, the principles established in relevant case law indicate that an incola company is not ordinarily required to provide security for costs. The absence of section 13 of the Companies Act does not automatically invoke common law requirements for security. Given that leave to appeal should not be refused unless the case is hopeless, and considering the possibility that another court may reach a different conclusion, leave to appeal is granted to the Full Bench of the Fr…
Source excerpt
- Security For Costs
- Companies Act Section 13
- Vexatious Litigation
- Incola Company
- Leave To Appeal