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South Africa decisions
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Kanivest 3146 CC and Another v Petatype (Pty) Ltd (Leave to Appeal) (051018/24) [2025] ZAGPJHC 91 (5 February 2025)
The High Court refused leave to appeal against a provisional liquidation order, finding no reasonable prospects of success and no proper basis for postponement.
Scania Finance Southern Africa (Pty) Ltd v Hulk Haulers (Pty) Limited (D8414/2020) [2024] ZAKZDHC 58 (30 August 2024)
The High Court confirmed a provisional liquidation order and placed the respondent under final liquidation, finding the debt liquid and the dispute not bona fide.
Industrial Plumbers (Pty) Ltd v Probuild Construction Group (Pty) Ltd (62041/18) [2019] ZAGPPHC 194 (30 May 2019)
The High Court dismissed leave to appeal, holding that the respondent had not shown a liquidated debt capable of set-off against the applicant’s payment claim.
Richardson v Tecmed Africa (Pty) Ltd (JA 86/2014) [2014] ZALAC 74 (18 December 2014)
The Labour Appeal Court held that a contractual profit-share clause entitled the employee to a pro rata annual share of EBIT, plus mora interest.
CMB Components Assemblers CC and Another v Hongo (EL872/2012, ECD 1972/2012) [2012] ZAECELLC 12 (21 August 2012)
The High Court set aside a writ of execution because the respondent’s claim was not yet liquidated, as the valuation of the member’s interest remained disputed.
Maharaj v Sanlam Life Insurance Ltd and Others (3510/2010) [2010] ZAKZDHC 32; [2011] 2 All SA 571 (KZD); 2011 (6) SA 17 (KZD) (16 August 2010)
The court held that the applicant's consent was not required for Basant to enter into the broker's contract and incur the debt, as the contract related to earning remuneration. Under section 17(5) of the Matrimonial Property Act, the applicant is jointly liable for her share of the debt incurred during the marriage, as the debt was for income necessary for the joint household. Both the applicant's claim to the policy proceeds and the respondent's claim for commission are liquidated debts, and set-off is permissible as the debts are owed by and to the same persons in the same capacities, regar…
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