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Timelink Cargo (PTY) Ltd v Ciba Packaging (PTY) Ltd (19378/2021) [2022] ZAGPJHC 695 (15 September 2022)
The High Court dismissed an exception to particulars of claim based on business rescue, holding the plaintiff’s oral-contract claim was independently pleaded.
Norman v Cashflow Capital (Pty) Ltd (19832/2020) [2022] ZAGPPHC 138 (8 March 2022)
The court found that service of summons was effected in accordance with the rules, and the applicant's explanation for default was reasonable but not decisive. The central issue was whether the business rescue plan extinguished the applicant's liability under the guarantee. The guarantee was interpreted as a demand guarantee, not a suretyship, and its terms expressly preserved the respondent's rights regardless of business rescue proceedings. Section 154(2) of the Companies Act only precludes enforcement of debts against the company, not against a guarantor. The business rescue plan did not e…
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