South Africa Case Law

Municipal Employees' Pension Fund and Others v Financial Sector Conduct Authority and Others (007529/22)

Municipal Employees' Pension Fund and Others v Financial Sector Conduct Authority and Others (007529/22) [2023] ZAGPPHC 1201 (29 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

007529/22

Judge

Kooverjie

The court held that the obligation to produce the record under Rule 53(1)(b) arises automatically upon the institution of a review application, regardless of whether the decision is ultimately found to be reviewable under PAJA or legality review. The merits of whether the decision constitutes administrative action are not relevant at the interlocutory stage; such determination must be made by the court hearing the main review application with the full facts before it. Privileged or confidential information must be disclosed if it is relevant to the decision under review, and any concerns rega…

Source excerpt

• Rule 53 Record Production
• Privileged Information Disclosure
• Review Of Administrative Action
• Search And Seizure Order
• Jurisdictional Dispute
• Constitutional Right Of Access To Court

Macru Farming CC v Standard Bank of South Africa Ltd. (64/07)

Macru Farming CC v Standard Bank of South Africa Ltd. (64/07) [2008] ZASCA 20 (27 March 2008)

Court

Supreme Court of Appeal

Case number

64/07

Judges

Farlam, Van Heerden, Cachalia

The Supreme Court of Appeal dismissed an appeal against a final winding-up order, finding no improper inducement and no basis to postpone liquidation.

• Winding Up Of Close Corporations
• Creditor Liquidation Applications
• Commercial Insolvency
• Judicial Discretion In Liquidation
• Code Of Banking Practice
• Privileged Information Disclosure