South Africa Case Law

Arendse and Others v Van der Merwe NO and Another (2015/40324)

Arendse and Others v Van der Merwe NO and Another (2015/40324) [2016] ZAGPJHC 292; 2016 (6) SA 490 (GJ); [2016] 4 All SA 48 (GJ) (8 July 2016)

Court

South Gauteng High Court, Johannesburg

Case number

2015/40324

Judge

Boruchowitz

The court held that the applicants had established a prima facie case against one or more of EF, EHL, or ABIL for payment under the PARIS scheme. Although the PARIS did not expressly identify the liable entity, the contextual evidence and approval by ABIL's remuneration committee created a triable issue. The applicants were justified in seeking leave to institute proceedings against ABIL, as only a court could grant executable relief and the business rescue practitioners of EF and EHL had consented to litigation, subject to ABIL's joinder. The court rejected the argument that a higher standar…

Source excerpt

• Business Rescue
• Leave To Sue
• Joinder Of Defendants
• Prima Facie Case
• Contractual Interpretation

Malgas v North-West Star Transport Investments and Another (188/1999)

Malgas v North-West Star Transport Investments and Another (188/1999) [2006] ZANWHC 32 (11 May 2006)

Court

North West High Court, Mafikeng

Case number

188/1999

Judge

R D Hendricks

The High Court dismissed an application for leave to sue a company under judicial management, finding the claim prescribed and the procedure wrongly followed.

• Judicial Management
• Leave To Sue
• Prescription Of Claims
• Jurisdiction
• Vicarious Liability
• Judicial-management