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21 Aug 2020

Civil Procedure [2020] ZAGPJHC 347

Bassani Mining (Pty) Ltd v Sebosat (Pty) Ltd and Another (191905/20)

Bassani Mining (Pty) Ltd v Sebosat (Pty) Ltd and Another (191905/20) [2020] ZAGPJHC 347 (21 August 2020)

Court: South Gauteng High Court, Johannesburg
Case number: 191905/20
Judge: U. Bhoola

The court found that while Bassani Mining may have a prima facie damages claim against Herman and/or Sebosat for alleged fraud, it failed to provide evidence that the respondents were dissipating assets with the intention of defeating its pending claim. The coal mined by Bassani had already been sold, and there was no proof that current dispositions were intended to thwart execution of a future judgment. The requirements for an anti-dissipation interdict, as set out in Knox D’Arcy Ltd v Jamieson and Others, were not met. The application was therefore dismissed, and costs awarded against the a…

Source excerpt

Anti Dissipation Interdict
Interim Relief
Fraudulent Misrepresentation
Business Rescue
Mining Contract Dispute

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11 Dec 2015

Civil Procedure [2015] ZAGPPHC 843

Atlantis Mining (SA) (Pty) Ltd v Blue Nut Trading (Pty) Ltd (33785/2015)

Atlantis Mining (SA) (Pty) Ltd v Blue Nut Trading (Pty) Ltd (33785/2015) [2015] ZAGPPHC 843 (11 December 2015)

Court: North Gauteng High Court, Pretoria
Case number: 33785/2015
Judge: Tlhapi

The High Court granted final liquidation of Blue Nut Trading (Pty) Ltd after finding its debt to Atlantis Mining undisputed and its insolvency established.