South Africa Case Law

Salister Diesel (Pty) Ltd and Others v Industrial Development Corporation of South Africa and Another (28479/2013)

Salister Diesel (Pty) Ltd and Others v Industrial Development Corporation of South Africa and Another (28479/2013) [2015] ZAGPJHC 125 (22 June 2015)

Court

South Gauteng High Court, Johannesburg

Case number

28479/2013

Judges

C G Lamont, MA Hawyes, K Matojane

The majority held that the payment made by Africa Resources Limited to IDC was not accepted by IDC as settlement of Salister Diesels (Pty) Ltd's debt. IDC retained the funds in a separate account and refused to release the securities, indicating that no agreement to discharge the debt was reached. Payment, being a bilateral act, requires acceptance by the payee, and in this case, IDC's refusal meant that no payment was made to the insolvent. Consequently, the funds remained the property of Africa Resources Limited and should be repaid to it. The appeal was dismissed, and the appellants were o…

Source excerpt

• Loan Agreement
• Release Of Security
• Payment And Discharge Of Debt
• Insolvency
• Undue Preference

Elandsfontein Beverage Marketing (Pty) Limited v Joubert Scholtz Inc and Others (1167/03)

Elandsfontein Beverage Marketing (Pty) Limited v Joubert Scholtz Inc and Others (1167/03) [2010] ZAGPJHC 80 (21 September 2010)

Court

South Gauteng High Court, Johannesburg

Case number

1167/03

Judges

C.G. Lamont, H. Mayat, P. Coppin

The court found a limited payment mandate was exceeded, leading to unjustified disbursements and unjust enrichment. It upheld recovery claims and ordered accounting relief.

• Unjust Enrichment
• Mandate
• Shareholders Agreement
• Sale Of Business
• Release Of Security
• Accounting