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South Africa Case Law

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Civil Procedure [2017] ZAFSHC 74

Van Jaarsveld N.O. v Q-Civils (Pty) Ltd and Another (Fortune and Others Intervening) (675/2017)

Van Jaarsveld N.O. v Q-Civils (Pty) Ltd and Another (Fortune and Others Intervening) (675/2017) [2017] ZAFSHC 74 (11 May 2017)

Court
Free State High Court, Bloemfontein
Case number
675/2017
Judge
Snellenburg, AJ

The court found that the application for leave to appeal did not have reasonable prospects of success. The refusal to postpone was justified because the sole director of the company under business rescue lacked authority to instruct attorneys without the business rescue practitioner's consent, as per the binding court order. The intervening parties had standing and incorporated all relevant evidence, ensuring that the first respondent's interests were represented. The constitutional rights of the first respondent were considered and weighed against the interests of affected parties and credit…

Source excerpt

  • Business Rescue
  • Leave To Appeal
  • Postponement
  • Representation Of Company
  • Judicial Discretion
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Civil Procedure [2016] ZAKZDHC 57

Pillay N.O and Another v Reddy and Others (10717/15)

Pillay N.O and Another v Reddy and Others (10717/15) [2016] ZAKZDHC 57 (14 December 2016)

Court
Kwazulu-Natal High Court, Durban
Case number
10717/15
Judge
Mngadi

The applicants, as joint liquidators, sought to set aside a court order made on 5 February 2015 which had set aside the voluntary liquidation of the company. The court found that the applicants had locus standi due to their appointment as liquidators and their interest in the relief sought. However, the court held that it had no jurisdiction to review or set aside the decision of another court of equal status. The applicants had already pursued appeals and petitions to higher courts, which were unsuccessful. The principle of judicial hierarchy and certainty in law prevents a court from review…

Source excerpt

  • Locus Standi
  • Setting Aside Court Order
  • Voluntary Liquidation
  • Representation Of Company
  • Condonation Of Late Filing
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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.