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South Africa decisions
Decisions matching the current search
Old Mutual Insure Limited v Saider Towing Service CC (2021/2023) [2024] ZAECMHC 36 (23 May 2024)
The High Court ordered release of a towed vehicle after finding the insurer had tendered adequate substitute security to defeat the towing company’s lien.
Selby Panel and Paint (Pty) Ltd v Santam Limited (005540/2022) [2023] ZAGPJHC 1246 (31 October 2023)
The High Court refused condonation and leave to appeal, finding Selby had not shown good cause for its late filing and that no reasonable prospect of success arose.
Santam Limited v Selby Panel & Paint Proprietary Limited (005540/2022) [2023] ZAGPJHC 776 (15 June 2023)
The High Court ordered release of a damaged vehicle subject to substitute security held in trust for disputed storage charges and awarded attorney-and-client costs.
Du Plooy v Pretoria Bosch Service Citton Service Centre (Pty) Ltd (NCT/233738/2022/75(1)(b)) [2023] ZANCT 7 (24 February 2023)
The Tribunal found the supplier failed to repair a vehicle properly under section 54(1) of the Consumer Protection Act and ordered release of the vehicle.
Santam Limited v T K T Towing (PTY) Ltd (22/2151) [2022] ZAGPJHC 850 (31 October 2022)
The High Court refused to order release of a vehicle where the applicant’s proposed security was inadequate and material disputes of fact could not be resolved on affidavit.
Steenkamp v Bradbury's Commercial Auto Body CC (2882/2019) [2020] ZALMPPHC 9 (23 January 2020)
The High Court held that a panel beater’s lien was lost when it voluntarily released a repaired vehicle and was not revived when the vehicle later returned for warranty work.
Augostine v Haywood N.O and Others (3635/2018) [2019] ZALMPPHC 58 (6 December 2019)
The court dismissed a solvent spouse’s claim to release immovable property under section 21 of the Insolvency Act, but ordered release of movable household assets.
Meyerowitz v Motsheka N.O and Others (2013/37016) [2014] ZAGPJHC 309 (31 October 2014)
The court found that the applicant acquired the property from her mother in 2005 by way of an arms-length sale, financed through her own credit standing and mortgage finance. The intention of the parties was that the applicant be the sole owner, and the transaction was not simulated or designed to defeat the rights of creditors. Although the applicant and her husband pooled their incomes to service the bond and other obligations, this did not render the property part of the insolvent's estate. The applicant's title to the property was valid as against creditors at the time of acquisition, and…
Source excerpt
Golden Seabird Maritime Inc and Another v Alam Tenggiri SDN BHD and Another (159/2000) [2001] ZASCA 103; [2002] 2 All SA 205 (A); 2001 (4) SA 1329 (SCA) (25 September 2001)
The Supreme Court of Appeal held that a security arrest under the Admiralty Jurisdiction Regulation Act remains effective despite release of the property against an extra-curial guarantee.
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