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South Africa Case Law

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Civil Procedure [2022] ZAECQBHC 25

NCS Resins (Pty) Ltd v Allan and Others (2708/2016)

NCS Resins (Pty) Ltd v Allan and Others (2708/2016) [2022] ZAECQBHC 25 (30 August 2022)

The court rescinded a prior separation order, finding the alleged misappropriation, confidentiality, dissemination, and damages issues were too interlinked for separate trial.

  • Separation Of Issues
  • Confidential Information
  • Misappropriation
  • Restraint Of Trade
  • Separation-of-issues
  • Confidential-information
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Commercial And Corporate [2016] ZAGPPHC 924

Law Society of the Northern Provinces v Ranamane and Others (17748/13; 63772/11)

Law Society of the Northern Provinces v Ranamane and Others (17748/13; 63772/11) [2016] ZAGPPHC 924 (27 October 2016)

The court struck an attorney from the roll for misappropriating R5 million in trust funds, overreaching, and neglecting a property transfer; a co-director was suspended.

  • Attorneys Act
  • Misappropriation Of Trust Funds
  • Overreaching
  • Professional Misconduct
  • Fidelity Fund Certificate
  • Disciplinary Sanctions
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Civil Procedure [2015] ZAGPPHC 786

Windybrow Theatre v Sanlam Employee Benefits Division of the Sanlam Umbrella Fund and Others (52218 / 15)

Windybrow Theatre v Sanlam Employee Benefits Division of the Sanlam Umbrella Fund and Others (52218 / 15) [2015] ZAGPPHC 786 (16 November 2015)

The High Court removed an urgent pension-benefits interdict application from the urgent roll and ordered each party to pay its own costs.

  • Interim Interdict
  • Urgency
  • Pension Fund Withholding
  • Misappropriation
  • Costs Order
  • Urgent-application
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Civil Procedure [2007] ZAECHC 125

Law Society of the Cape of Good Hope v Vabaza (259/2007)

Law Society of the Cape of Good Hope v Vabaza (259/2007) [2007] ZAECHC 125 (18 October 2007)

The court struck an attorney from the roll for misappropriating client trust money and granted condonation for the delay in bringing the application.

  • Attorneys Act
  • Misappropriation Of Trust Funds
  • Professional Misconduct
  • Condonation
  • Disciplinary Proceedings
  • Attorney-discipline
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Civil Procedure [2007] ZASCA 20

Assured Freight Services (Pty) Ltd v Comair Ltd (73/06)

Assured Freight Services (Pty) Ltd v Comair Ltd (73/06) [2007] ZASCA 20; 69 SATC 91 (22 March 2007)

The Supreme Court of Appeal held that Comair's repayment claim over misappropriated VAT funds had not prescribed, because it only learned the facts in September 2004.

  • Prescription Act
  • Misappropriation Of Funds
  • Agency Fee Dispute
  • Vat Liability
  • Prescription
  • Vat
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Commercial And Corporate [2003] ZASCA 61

Stannic v Samib Underwriting Managers (Pty) Ltd (392/2002)

Stannic v Samib Underwriting Managers (Pty) Ltd (392/2002) [2003] ZASCA 61; [2003] 3 All SA 257 (SCA) (30 May 2003)

The Supreme Court of Appeal held that an insurer lacked actual or constructive knowledge of a cession of insurance proceeds to a bank, so payment to the insured discharged the debt.

  • Cession Of Rights
  • Insurance Claims
  • Onus Of Proof
  • Constructive Knowledge
  • Set Off
  • Misappropriation
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Labour Law [1998] ZALC 40

Metro Cash And Carry v Fobb and Another (J1031/97)

Metro Cash And Carry v Fobb and Another (J1031/97) [1998] ZALC 40 (24 June 1998)

The Labour Court reviewed and set aside a CCMA arbitration award after finding the commissioner misconstrued evidence about alleged misappropriation.

  • Review Of Arbitration Award
  • Misappropriation Of Company Property
  • Dishonesty
  • Procedural Fairness
  • Summary Dismissal
  • Labour-law
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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.