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South Africa decisions
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Kingsgate Clothing (Pty) Ltd and Others v Edcon Limited and Others (57045/2020) [2021] ZAGPPHC 769 (15 November 2021)
The High Court dismissed a review of an expert determination in business rescue, holding that no manifest error was shown in the interpretation of the EMSA.
SV Trading CC Virtual Production v Suliman and Another (19614/2021) [2021] ZAGPPHC 228 (10 May 2021)
The High Court held that a credit sale of business assets passed ownership on delivery, with no proved reservation of ownership, and ordered return of the attached assets.
Firstrand Bank Limited t/a CNH Capital v Jawiklane (Pty) Ltd (46192/2018) [2020] ZAGPJHC 431 (9 September 2020)
The High Court granted an interim interdict ordering return of a tractor pending an action over cancellation of an instalment sale agreement and ownership.
Roshcon (Pty) Limited v Anchor Auto Body Builders CC and Others (49/13) [2014] ZASCA 40; [2014] 2 All SA 654 (SCA); 2014 (4) SA 319 (SCA) (31 March 2014)
The court held that the supplier and floor plan agreements reserving ownership to Wesbank were genuine commercial arrangements serving a legitimate purpose of securing finance. There was no evidence of a secret understanding or simulation; the parties intended the agreements to operate according to their terms. Toit’s never acquired ownership of the trucks, as it failed to pay Wesbank, and thus could not transfer ownership to Roshcon. The reservation of ownership in favour of Wesbank was valid and enforceable. Roshcon failed to discharge the onus of proving simulation or estoppel, as Wesbank…
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Roering NO and Others v Nedbank Ltd (2012/12834) [2012] ZAGPJHC 183; 2013 (3) SA 160 (GSJ) (4 October 2012)
The court held that the bank's right of cancellation under the instalment agreements was incomplete at the time of concursus creditorum because the demand notice had not expired and the right to cancel was suspended for the notice period. As a result, the bank did not acquire a completed right of cancellation before the commencement of winding-up. Upon concursus, section 84(1) of the Insolvency Act applied, divesting the bank of ownership and substituting it with a statutory hypothec. The aircraft therefore fell into the insolvent estate of the company from the date of commencement of winding…
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Energy X-Ray Trading Company KZN (Pty) Ltd and Another v Sanyati Building (Pty) Ltd and Others (4062/11) [2011] ZAKZDHC 56 (30 November 2011)
The High Court held that Energy X-Ray retained ownership of X-ray equipment under a reservation of ownership clause and ordered delivery and costs.
Nazier Kolia t/a Nazco Motors v First Rand Bank Ltd Wesbank (357/08) [2011] ZASCA 206 (25 November 2011)
The Supreme Court of Appeal held that by delivering vehicles and transfer documents to a dealer, the seller tacitly conferred the ius disponendi, defeating his reserved ownership claim.
Catai Transport Solutions (Pty) Ltd v Aim Group (Pty) Ltd (14177/2011) [2011] ZAGPJHC 117 (29 July 2011)
The court granted payment against the respondent after finding its alleged counterclaims were not bona fide or sustainable and accepted the applicant’s reconciled quantum.
Standard Bank of South Africa Ltd v Heatco CC (64434/09) [2010] ZAGPPHC 96 (26 August 2010)
The High Court dismissed a winding-up application against a solvent close corporation, finding a bona fide defence and no basis to use liquidation as leverage.
Parkhome Manufacturing (Pty) Ltd and Others v Capstone 101 t/a Pyramid Projects and Developments and Others (1878/09) [2010] ZANCHC 1 (5 February 2010)
An urgent application for vindication of park-home units was dismissed for lack of urgency and fatal defects in the notice of motion, with costs.
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