Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Banking And Finance [2011] ZASCA 228

Muller NO and Another v Community Medical Aid Scheme (901/2010)

Muller NO and Another v Community Medical Aid Scheme (901/2010) [2011] ZASCA 228; 2012 (2) SA 286 (SCA); [2012] 2 All SA 252 (SCA) (30 November 2011)

Court
Supreme Court of Appeal
Case number
901/2010
Judges
Heher, Malan, Wallis

The Supreme Court of Appeal held that the September 2008 contributions paid by members of Humanity Medical Scheme were due and payable to Humanity in terms of its rules and were received as such. Humanity undertook to pay these contributions over to Community Medical Aid Scheme as part of the transfer of its members, which was approved and confirmed by the Council for Medical Schemes under section 63 of the Medical Schemes Act. Upon confirmation, the entitlement to the contributions vested in Community Medical Aid Scheme by operation of law and no longer formed part of Humanity's insolvent es…

Source excerpt

  • Medical Schemes Act
  • Liquidation Of Medical Scheme
  • Transfer Of Members
  • Statutory Vesting Of Assets
  • Concursus Creditorum
Read case analysis
Commercial And Corporate [2010] ZAGPJHC 31

Muller NNO v Community Medical Aid Scheme (09/549)

Muller NNO v Community Medical Aid Scheme (09/549) [2010] ZAGPJHC 31 (30 April 2010)

Court
South Gauteng High Court, Johannesburg
Case number
09/549
Judge
Blieden

The court held that the payments made by HMS members for September 2008 were not property of HMS but were received as a custodian on behalf of the respondent, who had undertaken HMS' obligations for that month. The funds were earmarked for the respondent and did not become HMS' property by commixtio. The principles of impeachable transactions under the Companies Act do not apply where the property in question never belonged to the insolvent company. The court relied on the Nissan case to conclude that ownership of funds does not pass where the recipient knows the funds are not due, and HMS ac…

Source excerpt

  • Liquidation Of Medical Scheme
  • Ownership Of Funds
  • Impeachable Transactions
  • Medical Schemes Act
  • Companies Act Interpretation
Read case analysis

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.