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South Africa decisions
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Roxstar Global Consulting (Pty) Ltd v Stark (17291/24) [2025] ZAWCHC 252 (19 June 2025)
The High Court dismissed a postponement bid and ordered return of confidential information under a consultancy agreement, granting final interdictory relief.
Kukard N.O and Others v ABSA Bank Limited and Others (Leave to appeal) (115284/2023) [2025] ZAGPPHC 146 (13 February 2025)
The High Court granted leave to appeal against a refused postponement and upheld a Rule 42 variation to clarify costs in an exception matter.
Trustees for Time Being of Mlanduli Residence Trust v Noordman and Others (095370/23) [2025] ZAGPJHC 60 (27 January 2025)
The court found that the applicant did not establish prospects of success regarding the argument that Rule 35(14) notice and application to compel discovery suspended the timelines for filing an answering affidavit. The authorities relied upon do not support automatic suspension of timelines in application proceedings. However, the applicant raised for the first time on appeal the issue of non-compliance with the Alienation of Land Act, specifically the lack of recordal of the contract and proper statutory notices. The court held that this constitutes a point of law which may be considered on…
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Cisa Specialita Alimentari S.R.L. v Africa's Best Foods (Pty) Ltd (26828/2021) [2024] ZAGPJHC 78 (29 January 2024)
The High Court postponed a commercial matter sine die, reserving costs while related proceedings in Italy were pending and consolidation was contemplated.
Bidvest Vericon Outsourcing (Pty) Ltd v NUMSA and Another (JR3000/19) [2023] ZALCJHB 297 (24 October 2023)
The Labour Court reviewed and set aside a CCMA award after finding the commissioner failed to consider a postponement application before hearing an unfair dismissal dispute.
Europlaw Group Incorporated v Turner and Others [2023] ZAGPPHC 400; 14052/2022 (5 June 2023)
The High Court dismissed Europlaw Group Incorporated’s application for leave to appeal against a final liquidation order, finding no reasonable prospects of success.
Chauchard and Others v Fire Ring Trading 15 (Pty) Ltd (Reasons) (17910/2019) [2023] ZAGPJHC 465 (12 May 2023)
The High Court granted a provisional winding-up order after finding the respondent’s debt uncontested and satisfied that it could not pay its debts.
Anglowealth Shariah (Pty) Ltd vs Adams and Another (20/2814) [2022] ZAGPJHC 1026 (12 December 2022)
The applicant established all statutory requirements for a final sequestration order: a liquidated claim exceeding R100, acts of insolvency, and advantage to creditors. The first respondent's jurisdictional objection fails because the Johannesburg and Pretoria High Courts have concurrent jurisdiction. The argument that liability is limited to a quarter of the debt is rejected, as the settlement agreements impose joint and several liability. The Member's Interest Transfer Agreement is treated as inchoate and unenforceable for purposes of this application, following the Plascon Evans rule. The…
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Simelane v Roseveare and Others (27833/2021) [2022] ZAGPJHC 919 (15 November 2022)
The High Court refused leave to appeal against dismissal of a postponement application and ordered attorney-client costs, including two counsel.
Italite Investments (PTY) Ltd v Dzuni Properties CC and Another (2021/6114) [2022] ZAGPJHC 789 (10 October 2022)
The High Court granted an eviction order after finding that a commercial lease had expired, was lawfully cancelled for breach, and the tenant remained in occupation.
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