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South Africa decisions
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Padayachee v Van Den Heever N.O. and Others [2023] ZAGPJHC 174 (13 February 2023)
The High Court dismissed an application to compel transfer and registration of a motor vehicle bought from a liquidated seller, finding no lack of alternative remedy.
Engen Petroleum Ltd v Flotank Transport (Pty) Ltd (876/2020) [2022] ZASCA 98 (21 June 2022)
The Supreme Court of Appeal held that the 2014 cession was an out-and-out cession, not a pledge, and upheld Engen’s claim against Flotank.
Flotek Piping & Irrigation (Pty) Ltd v Grace and Another (12260/2021) [2021] ZAGPPHC 739 (3 November 2021)
High Court summary judgment against sureties for unpaid commercial debt, rejecting arguments that liquidation, fraud, or an alleged R250,000 limit defeated liability.
Hartman v Companies and Intellectual Property Commission Republic of South Africa and Another (40443/20) [2021] ZAGPPHC 671 (14 October 2021)
High Court costs ruling after a director-removal and share-transfer dispute became moot following liquidation of the company.
Mobile Radio Communications (Pty) Ltd v Micromatica 327 (Pty) Ltd (3548/2004) [2015] ZAGPPHC 630 (19 August 2015)
The High Court refused to amend a consent order, holding it could not be varied unilaterally and had lapsed when performance became impossible.
Standard Bank of South Africa Ltd v Peens and Others (136/2003) [2004] ZASCA 87; [2006] 3 All SA 427 (SCA); 2005 (1) SA 315 (SCA) (29 September 2004)
The Supreme Court of Appeal held that the appellant bank was entitled to reinstate the original debits to the Peens companies' accounts after its attempted late dishonour of fraudulent cheques was rendered ineffective by the clearing house rules. The subsequent agreement with ABSA did not create new debts post-liquidation but merely restored the accounts to their pre-dishonour state, reflecting the fraudulent transactions as originally processed. Since the customers never countermanded payment, and the bank's mandate to honour the cheques was not revoked prior to liquidation, the sureties rem…
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