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South Africa Case Law

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Commercial And Corporate [2002] ZASCA 143

Contract Forwarding (Pty) Ltd v Chesterfin (Pty) Ltd and Others (17/2002)

Contract Forwarding (Pty) Ltd v Chesterfin (Pty) Ltd and Others (17/2002) [2002] ZASCA 143; [2003] 1 All SA 267 (SCA); 2003 (2) SA 253 (SCA) (27 November 2002)

Court
Supreme Court of Appeal
Case number
17/02
Judges
Harms, Schutz, Scott, Brand, Heher

The Supreme Court of Appeal held that the intervening liquidation of Eurotile did not prevent confirmation of the rule nisi, as Contract Forwarding perfected its general notarial bond by lawfully taking possession of the movables before the concursus creditorum. The perfection of the bond conferred a real right of security, and symbolic possession, such as the handing over of keys and effective control over the premises, was sufficient to constitute a pledge. The court rejected the argument that earlier bondholders had precedence absent actual possession and found no basis for the exercise of…

Source excerpt

  • General Notarial Bond
  • Perfection Of Security
  • Concursus Creditorum
  • Interim Orders
  • Liquidation
  • Priority Of Creditors
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Admiralty And Maritime [2001] ZASCA 34

Den Norske Bank ASA v Madsen CV (139/99)

Den Norske Bank ASA v Madsen CV (139/99) [2001] ZASCA 34; [2001] 3 All SA 392 (A); 2001 (3) SA 529 (SCA) (23 March 2001)

Court
Supreme Court of Appeal
Case number
139/99
Judges
Vivier, Harms, Scott, Streicher, Cameron

The Supreme Court of Appeal held that the phrase 'a claim which arose' in section 11(4)(c) of the Admiralty Jurisdiction Regulation Act 105 of 1983 refers to the time when the claim comes into existence, not when it becomes due and payable. The Court reasoned that the legislative context, especially the provisions of section 10A(4)(a), supports this interpretation, as claims may be proved before they are enforceable. The distinction between existence and enforceability is well established in South African law, and the legislature would have used different wording if it intended otherwise. The…

Source excerpt

  • Ranking Of Maritime Claims
  • Admiralty Jurisdiction Regulation Act
  • Interpretation Of Statutes
  • Priority Of Creditors
  • Submission Of Proof
  • Mortgagee Priority
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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.