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South Africa Case Law

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Banking And Finance [2015] ZAWCHC 75

Quince Property Finance (Pty) Ltd v Jooste and Others (A387/2014)

Quince Property Finance (Pty) Ltd v Jooste and Others (A387/2014) [2015] ZAWCHC 75 (2 June 2015)

Court
Western Cape High Court, Cape Town
Case number
A387/2014
Judges
Ferreira, Hlophe

Appeal partly upheld in a National Credit Act dispute over bridging finance and undertakings; matter remitted to determine juristic person status and section 129 compliance.

  • National Credit Act
  • Credit Agreements
  • Juristic Person Definition
  • Section 129 Notice
  • Special Plea Procedure
  • National-credit-act
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Civil Procedure [2011] ZAECPEHC 45

Melville v Busane and Another (2067/2011)

Melville v Busane and Another (2067/2011) [2011] ZAECPEHC 45; 2012 (1) SA 233 (ECP); [2012] 1 All SA 675 (ECP) (18 August 2011)

Court
Eastern Cape High Court, Port Elizabeth
Case number
2067/2011
Judge
Schoeman

The High Court held that a trust cannot be liquidated under the Companies Act 71 of 2008. If insolvent, the proper remedy is sequestration, not winding-up.

  • Winding Up
  • Trust Liquidation
  • Juristic Person Definition
  • Sequestration
  • Companies Act Interpretation
  • Trust-liquidation
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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.