South Africa Case Law

Single Destination Engineering (Pty) Ltd and Another v Van Den Heever N.O and Others (Steyn and Another Intervening) (42818/20)

Single Destination Engineering (Pty) Ltd and Another v Van Den Heever N.O and Others (Steyn and Another Intervening) (42818/20) [2024] ZAGPJHC 1279 (12 December 2024)

Court

South Gauteng High Court, Johannesburg

Case number

42818/20

Judge

N Manoim

The court held that the applicants, as former directors and sole shareholders of Skincon Calibrate (Pty) Ltd, do not possess a direct and substantial interest in the subject matter of the main application, which concerns the right of creditors to inspect the company's documents under section 360 of the Companies Act. Their interest is merely financial and indirect, and the liquidators now represent the company's interests. The applicants' concerns about future litigation and factual allegations do not amount to prejudice caused by the inspection order itself. The court found that any prejudic…

Source excerpt

• Intervention Under Rule 12
• Creditor Rights
• Inspection Of Company Documents
• Liquidation Proceedings

Sequeira v Standard Bank of South Africa Ltd and Others (45914/2021)

Sequeira v Standard Bank of South Africa Ltd and Others (45914/2021) [2023] ZAGPJHC 1272 (27 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

45914/2021

Judge

Carrim

The court granted a spouse leave to intervene in a bank’s enforcement proceedings, finding she had a direct financial interest arising from marriage in community of property.

• Intervention Under Rule 12
• Joint Estate Liability
• Mortgage Bond Enforcement
• National Credit Act Notices
• Specific Executability
• Intervention

Maphephethe Electrical CC v Thusanang Gast (Pty) Ltd and Others (3788/2020)

Maphephethe Electrical CC v Thusanang Gast (Pty) Ltd and Others (3788/2020) [2021] ZAGPJHC 80 (6 July 2021)

Court

South Gauteng High Court, Johannesburg

Case number

3788/2020

Judge

P.A. Meyer

The High Court dismissed a subcontractor’s joinder application, holding that it had only an indirect financial interest and no direct, substantial interest in the action.

• Joinder Of Parties
• Intervention Under Rule 12
• Direct And Substantial Interest
• Privity Of Contract
• Joinder-of-parties
• Intervention-under-rule-12

Maphephethe Electrical CC v Thusanang Gast (Pty) Ltd and Another; In re: Thusanang Gast (Pty) Ltd v Thusanang Gast (Pty) Ltd (3788/2020)

Maphephethe Electrical CC v Thusanang Gast (Pty) Ltd and Another; In re: Thusanang Gast (Pty) Ltd v Thusanang Gast (Pty) Ltd (3788/2020) [2021] ZAGPJHC 728 (6 July 2021)

Court

South Gauteng High Court, Johannesburg

Case number

3788/2020

Judge

P.A. Meyer

The High Court dismissed a subcontractor’s application to join pending contract litigation, holding it had only an indirect financial interest and no direct, substantial interest.

• Joinder Of Parties
• Intervention Under Rule 12
• Direct And Substantial Interest
• Privity Of Contract
• Joinder-of-parties
• Intervention-under-rule-12

De Jager NO and Others v Zephan (Pty) Limited and Others (35991/2016)

De Jager NO and Others v Zephan (Pty) Limited and Others (35991/2016) [2019] ZAGPPHC 570 (19 November 2019)

Court

North Gauteng High Court, Pretoria

Case number

35991/2016

Judge

Strijdom

The court dismissed two applications to intervene in a buy-back agreement dispute, finding no direct and substantial legal interest and no basis to alter the agreement.

• Intervention Under Rule 12
• Specific Performance
• Business Rescue
• Scheme Of Arrangement
• Novation
• Non Variation Clause