Dulce Vita CC v van Coller and Others (192/12)
Dulce Vita CC v van Coller and Others (192/12) [2013] ZASCA 22; [2013] 2 All SA 646 (SCA) (22 March 2013)
The Supreme Court of Appeal held that neither the contravention of section 11 of the Banks Act nor the failure to comply with Notice 459 under the Consumer Affairs (Unfair Business Practices) Act rendered the public property syndication scheme or the agreements entered into to give effect to the scheme unlawful or void ab initio. The court found that Notice 459 criminalised the withholding of prescribed information but did not invalidate the scheme or related agreements. Similarly, the Banks Act did not provide for the nullity of contracts entered into in contravention of its provisions. The…
Source excerpt
- Banks Act Section 11
- Public Property Syndication Scheme
- Unfair Business Practices Act
- Nullity Of Contracts
- Locus Standi
- Liquidation Procedure