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South Africa Case Law

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Civil Procedure [2023] ZAGPPHC 2054

HM Watch Distributors v Weisz-Vurwerken (15737/2021)

HM Watch Distributors v Weisz-Vurwerken (15737/2021) [2023] ZAGPPHC 2054 (30 November 2023)

The High Court rescinded a default judgment enforcing a Dutch judgment, finding the applicant had no notice of the enforcement proceedings and showed good cause.

  • Rescission Of Judgment
  • Enforcement Of Foreign Judgments
  • Service Of Process
  • Default Judgment
  • Protection Of Business Act
  • Rescission-of-judgment
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Civil Procedure [2006] ZASCA 121

Richman v Ben-Tovim (674/05)

Richman v Ben-Tovim (674/05) [2006] ZASCA 121; 2007 (2) SA 283 (SCA); [2007] 2 All SA 234 (SCA) (29 November 2006)

The Supreme Court of Appeal held that personal service within the jurisdiction is a sufficient ground for international competence in money proceedings, especially considering the realities of international business and the need for South African courts to recognize and enforce foreign judgments where appropriate. The court found that the Protection of Business Act 99 of 1978 does not apply to claims for professional services, as its scope is limited to transactions involving raw materials or substances. The respondent's public policy defence was rejected because the appellant was permitted t…

  • International Jurisdiction
  • Recognition Of Foreign Judgments
  • Provisional Sentence
  • Public Policy Defence
  • Protection Of Business Act
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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.