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South Africa decisions
Decisions matching the current search
South African Municipal Workers' Union v Maluti-A-Phofung Water (SOC) Ltd and Others (5265/2022) [2024] ZAFSHC 266 (20 August 2024)
The High Court granted leave to appeal after striking an application from the roll over unresolved authority issues involving the applicant’s attorneys and deponent.
Mabulanyane N.O and Others v Magolego and Others (11014/2022) [2024] ZALMPPHC 85 (26 July 2024)
The High Court dismissed a Rule 30 application to set aside Rule 7 notices challenging trustees’ authority to act for a trust, and ordered personal costs.
Tegeta Exploration and Resources (Pty) Ltd v National Director of Public Prosecutions and Others (62604/2021; 62601/2021) [2023] ZAGPPHC 2037 (11 December 2023)
The court held that during business rescue proceedings, the business rescue practitioners have exclusive authority to manage the company and to institute or defend legal proceedings on its behalf. The board of directors retains certain governance functions but cannot act independently in litigation concerning company property without the express approval of the BRPs. Any attempt by the board or its members to represent the company in such proceedings, without BRP consent, is void. The applicant, Ms Ragavan, failed to obtain the necessary approval from the BRPs and thus lacked locus standi to…
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Cooper and Another v Mckenzie and Associates (Pty) Ltd and Another (036942/2022) [2023] ZAGPJHC 1214 (24 October 2023)
The High Court refused condonation for a late Rule 7 notice, finding the explanation inadequate and the applicants’ prospects of success weak.
Motsewarona Construction and Maintenance (Pty) Ltd v Matjhabeng Local Municipality (1752/2022) [2023] ZAFSHC 163 (20 April 2023)
The court removed a claim and related postponement application from the roll because a pending application to file a further affidavit could affect disputed authority.
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