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South Africa decisions
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Nedbank Limited v DC Trustees (Reasons) (4221/2024) [2024] ZAWCHC 337 (28 October 2024)
The High Court granted Nedbank’s application to place DC Trustees under final liquidation, finding the debt undisputed on bona fide grounds and the company commercially insolvent.
Olivier NO and Others v Stewart NO and Others (2020/37190) [2023] ZAGPJHC 1408 (5 December 2023)
The High Court dismissed a claim to establish a disallowed insolvency claim, finding the plaintiffs failed to prove that R600,000 came from the Olyfboom Trust.
ABSA Bank Limited v Longchamp Turf Investments (PT) Ltd and Others (7753/2015) [2022] ZAGPJHC 545 (12 August 2022)
The High Court granted ABSA a final winding-up order against Longchamp, rejecting alleged fraudulent misrepresentation, prescription, and business rescue objections.
VFT Automotive (Pty) Ltd v ABSA Bank Limited (28845/2019) [2021] ZAGPJHC 156 (21 May 2021)
The High Court refused leave to amend a particulars of claim because the proposed amendment was confusing, vague, and would leave the pleading excipiable.
BBT Electrical and Plumbing Construction and Maintenance CC t/a BBT Construction (2690/2015) [2020] ZAFSHC 66 (24 February 2020)
The High Court dismissed BBT’s application for a statement and debatement of account, finding no sufficient pleaded contractual basis or proof of defective accounting.
Paragon Lending Solutions (Pty) Limited v Weybridge Properties (Pty) Limited (2847/17) [2018] ZANCHC 66 (21 September 2018)
The High Court granted provisional liquidation against a company said to be unable to pay a secured loan debt and rejected its prescription and bona fide dispute defenses.
Investec Bank Limited v Erf 436 Elandspoort (Pty) Limited and Others (1029/2016) [2017] ZASCA 128 (29 September 2017)
The Supreme Court of Appeal held that the debt claimed by Investec Bank Limited was no longer secured by a mortgage bond after the cancellation of the notarial lease, which extinguished the security. Consequently, the debt was subject to the 3-year prescription period under section 11(d) of the Prescription Act, not the 30-year period under section 11(a)(i). The court rejected the appellant's argument that the longer period applied simply because the debt was once secured, finding that the statutory language and academic authority supported the respondents' position. The court emphasized that…
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Thomani and Another v Seboka N.O and Others (22030/2015) [2016] ZAGPPHC 604; 2017 (1) SA 51 (GP) (12 July 2016)
The High Court rescinded a default judgment and set aside a sale in execution after finding defective service, faulty pleadings, and no basis to use a home-loan bond for a company debt.
Miracle Mile Investments 67 (Proprietary) Limited and Another v Standard Bank of South Africa Limited (2013/22057) [2014] ZAGPJHC 423; 2016 (2) SA 153 (GJ) (11 December 2014)
The court held that prescription of the principal debt commenced running from the date the debt became due, which was the decisive date of default by Nicolas. The Bank's contractual right to accelerate the debt and demand immediate payment did not delay prescription, as jurisprudence establishes that prescription runs from the date the creditor could have enforced payment, regardless of whether the creditor elected to do so. The suretyships and mortgage bonds were accessory to the principal debt, and the applicants did not undertake a separate independent liability. The prescriptive period ap…
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GC Property Developers CC v Watt (35025/2011) [2012] ZAGPJHC 49; [2012] 3 All SA 426 (GSJ) (30 March 2012)
The High Court dismissed an application to compel a mortgagee’s consent for sectional title transfers, holding the request contradicted the sale agreement and was barred by res judicata/lis pendens.
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