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South Africa Case Law

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Commercial And Corporate [2016] ZAGPJHC 185

Mabote and Others v Van Der Merwe NO and Another (2015/40324)

Mabote and Others v Van Der Merwe NO and Another (2015/40324) [2016] ZAGPJHC 185 (8 July 2016)

The court considered leave to sue companies in business rescue under section 133(1)(b), but the application became moot when ABIL exited business rescue.

  • Business Rescue Moratorium
  • Leave To Sue Company In Rescue
  • Joinder Of Defendants
  • Prima Facie Case Requirement
  • Contractual Interpretation
  • Business-rescue
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Civil Procedure [2013] ZAWCHC 197

Van Den Heever v Netcare Cape (Pty) Ltd and Another (21453/10)

Van Den Heever v Netcare Cape (Pty) Ltd and Another (21453/10) [2013] ZAWCHC 197 (8 November 2013)

The High Court refused late joinder of a third party, finding the defendant gave no adequate explanation for delay and failed to show a prima facie case.

  • Joinder Of Third Party
  • Rule 13 Uniform Rules
  • Prima Facie Case Requirement
  • Condonation For Late Joinder
  • Joinder-of-third-party
  • Rule-13-3-b
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Admiralty And Maritime [2004] ZASCA 58

Farocean Marine (Pty) Ltd v Malacca Holdings Ltd and Anohter (223/03)

Farocean Marine (Pty) Ltd v Malacca Holdings Ltd and Anohter (223/03) [2004] ZASCA 58; [2004] 3 All SA 279 (SCA); 2005 (1) SA 428 (SCA) (28 May 2004)

The Supreme Court of Appeal allowed attachment of a vessel to confirm jurisdiction and held that an alternative defendant could be joined under admiralty legislation.

  • Attachment To Found Jurisdiction
  • Joinder Of Alternative Defendant
  • Admiralty Jurisdiction Regulation Act
  • Prima Facie Case Requirement
  • Attachment-to-found-jurisdiction
  • Joinder-of-alternative-defendant
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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.