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South Africa Case Law

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Civil Procedure [2018] ZAGPPHC 730

Government Employees Pension Fund v Van Rooyen and Another (52149/2015)

Government Employees Pension Fund v Van Rooyen and Another (52149/2015) [2018] ZAGPPHC 730 (22 March 2018)

Court
North Gauteng High Court, Pretoria
Case number
52149/2015
Judge
T D Vilakazi

Leave to appeal was dismissed because the applicant had not pleaded negligence or facts supporting personal liability against the liquidators.

  • Exception To Particulars Of Claim
  • Personal Liability Of Liquidators
  • Requirements For Delict
  • Insolvency Act Section 37
  • Exception-to-particulars-of-claim
  • Personal-liability-of-liquidators
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Commercial And Corporate [2013] ZAGPPHC 44

Ellerine Brothers (Pty) Ltd and Another In re: Ellerine Brothers (Pty) Ltd v McCarthy Ltd (63367/09)

Ellerine Brothers (Pty) Ltd and Another In re: Ellerine Brothers (Pty) Ltd v McCarthy Ltd (63367/09) [2013] ZAGPPHC 44 (12 February 2013)

Court
North Gauteng High Court, Pretoria
Case number
63367/09
Judge
De Vos

The court held that the right to cancel the lease agreement accrued prior to the commencement of concursus creditorum, and such accrued rights survive insolvency. The notice to comply with the lease was given before liquidation, and the right to cancel arose upon expiry of the notice period. The exercise of this right after concursus does not prejudice the general body of creditors, nor does Section 37 of the Insolvency Act suspend or extinguish such accrued rights. The lease was lawfully cancelled, and the cession of the sublease claim to the First Applicant is not permitted. Consequently, t…

Source excerpt

  • Insolvency Act Section 37
  • Concursus Creditorum
  • Lease Cancellation
  • Cession Of Claims
  • Liquidation Procedure
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Commercial And Corporate [1986] ZASCA 137

Norex Industrial properties (Pty) Ltd. v Monarch South Africa Company Ltd. (393/1985)

Norex Industrial properties (Pty) Ltd. v Monarch South Africa Company Ltd. (393/1985) [1986] ZASCA 137; [1987] 1 All SA 437 (A) (28 November 1986)

Court
Supreme Court of Appeal
Case number
393/1985
Judges
Rabie, Jansen, Joubert, Botha, Boshoff

The court held that a guarantor remained liable for lease losses after statutory cancellation under insolvency law, and overruled Strydom v Goldblatt.

  • Suretyship
  • Lease Termination
  • Insolvency Act Section 37
  • Damages For Breach Of Contract
  • Lease-termination
  • Insolvency-law
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.