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South Africa decisions
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Compair (SA) (Pty) Limited v Van Jaarsveldt N.O. and Others (47458/21) [2022] ZAGPJHC 513 (3 August 2022)
The High Court held that section 84(1) of the Insolvency Act did not require paragraph (d) of the National Credit Act definition to be met, and dismissed the application.
Absa Bank Limited v Hembly (67598/2016) [2016] ZAGPPHC 1086 (14 December 2016)
The High Court granted summary judgment, cancelled an instalment agreement, and ordered repossession of a Mercedes-Benz after finding no bona fide defence.
Absa Bank Ltd v Walker (2307/14) [2014] ZAWCHC 92 (17 June 2014)
The court found that the plaintiff's supporting affidavit complied with rule 32(2) as the deponent had direct knowledge of the material facts through possession and control of the relevant records. The absence of a certificate of balance was immaterial since the defendant did not dispute the arrears. The plaintiff lawfully terminated the debt review under section 86(10) of the National Credit Act, as the defendant was in default and the statutory requirements were met. The defendant's proposal for debt restructuring would improperly negate the plaintiff's right of cancellation and security in…
Source excerpt
Firstrand Bank Ltd t/a Wesbank v Hattingh (1325/2013) [2013] ZAFSHC 124 (4 July 2013)
High Court summary judgment application over an instalment-sale vehicle dispute was dismissed because breach and restitution issues had to be tried.
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