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Firstrand Auto Receivables (RF) Limited v Zungunde (19875/2021) [2023] ZAGPPHC 60 (27 January 2023)
Summary judgment was granted for the plaintiff in a vehicle finance dispute after the defendant failed to show a bona fide defence to breach, notice, or costs.
Bayport Securitisation Limited and Another v University of Stellenbosch Law Clinic and Others (507/2020) [2021] ZASCA 156; 2022 (2) SA 343 (SCA) (4 November 2021)
The Supreme Court of Appeal held that the definition of 'collection costs' in the National Credit Act does not include legal costs incurred during litigation. The court reaffirmed the common law distinction between collection costs and litigation costs, noting that legal costs commence with the issuing of summons and are subject to judicial discretion and taxation. The statutory language of the Act does not evidence an intention to include litigation costs within collection costs. Furthermore, section 103(5) of the Act does not apply post-judgment, as a judgment alters the character of the de…
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