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South Africa Case Law

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Civil Procedure [2022] ZAWCHC 87

Cratos Capital (Pty) Ltd v Zimri Investments CC and Another (20968/2021)

Cratos Capital (Pty) Ltd v Zimri Investments CC and Another (20968/2021) [2022] ZAWCHC 87 (24 May 2022)

Court
Western Cape High Court, Cape Town
Case number
20968/2021
Judge
Binns-Ward

The court found that the applicant failed to comply with the specificity requirement for Anton Piller relief. The description of documents subject to seizure was excessively broad, not limited to relevant trading activities, and delegated determination of relevance to members of the search party, which is impermissible. The applicant did not demonstrate that the order was strictly necessary, as much of the evidence sought was already available or could be obtained through conventional means such as subpoenas. The court held that the procedural safeguards inherent in Anton Piller orders were n…

Source excerpt

  • Anton Piller Order
  • Specificity Requirement
  • Ex Parte Applications
  • Derivatives Trading
  • Margin Calls
  • Corporate Veil Piercing
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Commercial And Corporate [2013] ZAGPJHC 225

Absa Bank Ltd v Ukwanda Leisure Holdings (Pty) Ltd (2009/35416)

Absa Bank Ltd v Ukwanda Leisure Holdings (Pty) Ltd (2009/35416) [2013] ZAGPJHC 225; [2013] 4 All SA 405 (GSJ); 2014 (1) SA 550 (GSJ) (9 September 2013)

Court
South Gauteng High Court, Johannesburg
Case number
2009/35416
Judge
C J Claassen

The court held that the JSE's determination that Cortex was not in default constituted administrative action under PAJA, as it was a final decision made under an empowering provision, exercising public power and affecting rights. Ukwanda was precluded from challenging this administrative action indirectly in these proceedings, as it had not pursued direct review or statutory remedies. The doctrine of collateral challenge did not apply, as the JSE was not coercively enforcing an invalid act and was not a party to the litigation. The court further found that Cortex's alleged failure to pay Ukwa…

Source excerpt

  • Derivative Trading
  • Margin Calls
  • Promotion Of Administrative Justice Act
  • Exchange Rules
  • Counterclaim Procedure
  • Collateral Challenge
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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.