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South Africa Case Law

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Civil Procedure [2015] ZAGPPHC 823

De Fortier v Firstrand Bank Ltd and Others In Re Firstrand Bank Ltd v De Fortier (57489/2011)

De Fortier v Firstrand Bank Ltd and Others In Re Firstrand Bank Ltd v De Fortier (57489/2011) [2015] ZAGPPHC 823 (8 December 2015)

Court
North Gauteng High Court, Pretoria
Case number
57489/2011
Judge
R G Tolmay

The court found that while service of the notice of attachment on the applicant's ex-husband constituted proper service on the owner, the notice of sale failed to adequately describe the property by omitting substantial features such as the guesthouse business and additional dwellings. This omission meant the kind of property being sold was not properly identified, resulting in non-compliance with Rule 46(7)(b). Furthermore, the respondents failed to provide satisfactory evidence that the notice of sale was affixed as required by Rule 46(7)(e), and the court concluded that this requirement wa…

Source excerpt

  • Sale In Execution
  • Service Of Process
  • Rule 46 Uniform Rules
  • Notice Of Sale
  • Warrant Of Execution
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Land And Property [2010] ZAKZPHC 50

Phillip and Another v First Rand Bank Ltd t/a FNB Homeloans formerly First Rand Bank of South Africa Ltd and Others (628/09)

Phillip and Another v First Rand Bank Ltd t/a FNB Homeloans formerly First Rand Bank of South Africa Ltd and Others (628/09) [2010] ZAKZPHC 50 (1 September 2010)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
628/09
Judge
Lopes

The court found that the applicants failed to provide sufficient evidence of any binding arrangement with the first respondent for payment of arrears. Sporadic payments did not satisfy the judgment debt, and the first respondent was entitled to proceed with the sale in execution. Notice of the sale was properly given through SMS and publication, and Rule 46 does not require personal service of the sale notice. The applicants did not oppose the order declaring the property executable or offer alternative means of payment such as a garnishee order. The constitutional arguments were unsupported…

Source excerpt

  • Sale In Execution
  • Notice Of Sale
  • Default Judgment
  • Right To Housing
  • Attorney And Client Costs
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Commercial And Corporate [2007] ZASCA 32

McCarthy Ltd. v Gore NO (163/06)

McCarthy Ltd. v Gore NO (163/06) [2007] ZASCA 32; [2007] SCA 32 (RSA) ; [2007] 4 All SA 1212 (SCA) ; 2007 (6) SA 366 (SCA) (28 March 2007)

Court
Supreme Court of Appeal
Case number
163/06
Judges
Harms, Brand, Nugent, Jafta, Theron

The Supreme Court of Appeal held that the definition of 'trader' in section 2 of the Insolvency Act is confined to the primary business activities of an enterprise and does not extend to incidental activities such as the sale of vehicles or factoring of book debts. The company’s main business was transport haulage, and the sale of vehicles and book debts were merely incidental to that business. The court rejected the liquidator’s argument that substantial incidental activities could render the company a 'trader' under the Act. The trial court erred by adopting an overly broad interpretation o…

Source excerpt

  • Insolvency Act
  • Definition Of Trader
  • Disposition Of Property
  • Notice Of Sale
  • Liquidation
  • Incidental Business Activities
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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.