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South Africa decisions
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Exilite 4205 CC v Jacobs and Another (2347/2022) [2024] ZANWHC 98 (8 April 2024)
The High Court dismissed an exception to particulars of claim in a breach of contract dispute, finding the pleading sufficiently clear for the defendants to answer.
MC Carthy (Pty) Limited v Olinsky (41796/2020) [2023] ZAGPJHC 1164 (13 October 2023)
The High Court granted absolution from the instance, finding no prima facie evidence that the defendant defrauded the plaintiff or recklessly traded.
Mawere v Industrial Development Corporation of South Africa (IDC) and Others (13276/2014) [2022] ZAGPJHC 177 (25 March 2022)
The High Court dismissed an application to rescind a 2019 judgment under Rule 42(1)(b) and common law, finding the affidavit vague and the application abusive.
Lawrenson and Another v Fouche (77515/19) [2021] ZAGPPHC 371 (18 June 2021)
The High Court granted summary judgment on a dissolution agreement debt claim, rejecting unsupported defences of duress, constitutional invalidity, and NCA applicability.
Cooper NO and Another v Myburgh and Others (9040/2019) [2020] ZAWCHC 174; [2021] 2 All SA 114 (WCC) (4 December 2020)
The court found that Sean Billy Myburgh, as sole director and effective controller of CPT to Cairo Transport (Pty) Ltd, orchestrated the disposal of all company assets to related entities on terms that were manifestly prejudicial to creditors, including extended payment holidays and set-off arrangements that delayed or denied recovery. Myburgh's conduct, even if claimed to be based on legal advice, was so grossly unreasonable as to constitute recklessness under section 424(1) of the Companies Act. The trustees of the Trust, while authorising the asset disposal, acted as mere rubber stamps for…
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Malie N.O and Others v Chisha and Others (101188/2015) [2020] ZAGPPHC 113 (17 March 2020)
The High Court considered absolution from the instance after the plaintiff closed its case, granting it for the third defendant but refusing it for the fifth and sixth defendants.
Currin and Another v Van Zyl NO and Another (A62/2019) [2019] ZAWCHC 98 (7 August 2019)
The High Court dismissed an appeal against a section 424 order, holding the appellants personally liable for conduct that transferred a business to defeat creditors.
Van Zyl NO and Another v Currin and Others (15047/2018) [2018] ZAWCHC 189 (15 October 2018)
The court held that two respondents were personally liable under section 424 for reckless conduct that stripped Company Worx Group of assets and income. Claims against the other respondents failed.
Drillcon (Pty) Ltd v Soden (88615/2014) [2015] ZAGPPHC 944 (7 July 2015)
The High Court held that a section 424 Companies Act claim cannot found summary judgment without a prior declaration of liability and dismissed the application.
Isibaya Fund v Visser and Others (41924/06) [2013] ZAGPPHC 219 (17 July 2013)
The court found that the plaintiff, represented on the board of the Carewell Group and actively involved in criminal and asset forfeiture proceedings, had knowledge of the facts giving rise to its claim against the defendants by March 2000. The Public Investment Corporation, and by extension the Isibaya Fund, is not the State for purposes of the Prescription Act, and the applicable prescription period is three years. The claim for personal liability under section 424 of the Companies Act constitutes a 'debt' for prescription purposes, and prescription commenced when the plaintiff had sufficie…
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