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South Africa decisions
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Atwealth (Pty) Ltd and Others v Kernick and Others (116/2018) [2019] ZASCA 27; [2019] 2 All SA 629 (SCA); 2019 (4) SA 420 (SCA) (28 March 2019)
The Supreme Court of Appeal held that the respondents failed to prove negligent financial advice or causation, and dismissed the action with costs.
Marais aand Others v Buy Direct Website Services (Pty) Ltd (12684/2017) [2018] ZAGPPHC 18 (16 February 2018)
The High Court granted final winding-up of Buy Direct Website Services (Pty) Ltd after finding the company had failed to pay debts and met the statutory requirements.
Melamed Finance (Pty) Ltd (In Liquidation) v Harris (2016/A5028, 2015/13206) [2017] ZAGPJHC 188 (26 June 2017)
The appellant established a valid cause of action for repayment of the loan through the respondent's clear admissions under oath in the section 417 enquiry and corroborating schedules. The respondent's defences, including set-off, cession, Banks Act violation, and Ponzi scheme allegations, were either unsupported by facts, legally untenable, or irrelevant to the indebtedness. The court a quo erred by speculating on probabilities and failing to apply the correct approach to motion proceedings. No material dispute of fact existed; the respondent's answering affidavit reinforced the admissions.…
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