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South Africa decisions
Decisions matching the current search
Firstrand Bank t/a Wesbank v Stuart (12175/2021) [2022] ZAGPJHC 745 (6 October 2022)
The High Court dismissed an exception to particulars of claim, holding the pleading was not vague or embarrassing and disclosed a cause of action.
Information Technology Consultants (Pty) Ltd t/a Intecon and Others v National Credit Regulator and Others (22556/2017) [2019] ZAGPPHC 1005 (20 November 2019)
The High Court dismissed Intecon’s declaratory application as premature, holding that the National Credit Tribunal process should run first.
De Klerk v Griekwaland Wes Korporatief Bpk (CCT 187/13) [2014] ZACC 20; 2014 (8) BCLR 922 (CC) (19 June 2014)
The Constitutional Court refused leave to appeal in a sequestration matter, holding that factual insolvency independently justified sequestration and the legal issue had become academic.
Hattingh v Hattingh (4210/2010) [2010] ZAFSHC 173; 2014 (3) SA 162 (FB) (23 December 2010)
The court found that the contract between the parties was not a credit agreement as defined by the National Credit Act. The agreement regulated the termination of joint business interests and did not establish a credit provider/consumer relationship. The defendant's reliance on section 129 of the Act was therefore misplaced, and the absence of a section 129 notice did not render the summons premature. The defendant failed to disclose any bona fide defence to the plaintiff's claim for summary judgment, and the court was satisfied that the plaintiff's case was unanswerable. Condonation for the…
Source excerpt
African Bank Limited v Additional Magistrate Myambo NO and Others (34793/2008) [2010] ZAGPPHC 60; 2010 (6) SA 298 (GNP) (9 July 2010)
The High Court held that section 58 consent judgments remain available under the National Credit Act, but must comply with NCA notice and disclosure requirements.
Southern African Fraud Prevention Service Ltd v National Credit Regulator (NCT168/2009/54(1 )(T)) [2009] ZANCT 6 (6 March 2009)
The Tribunal held that Fraud Service did not need to register as a credit bureau and set aside the NCR’s notice to cease.
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