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South Africa Case Law

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Tax Law [2024] ZAFSHC 177

National Director of Public Prosecutions v Dynlog Rental (Pty) Ltd t/a Dynamic Truck Rental and Others (A63/2023)

National Director of Public Prosecutions v Dynlog Rental (Pty) Ltd t/a Dynamic Truck Rental and Others (A63/2023) [2024] ZAFSHC 177 (6 June 2024)

Appeal over a POCA restraint order in a tax-evasion prosecution partly succeeded; the order was confirmed only against the company, not its directors.

  • Prevention Of Organised Crime Act
  • Restraint Order
  • Tax Evasion
  • Asset Forfeiture
  • Statutory Offences
  • Separate Legal Personality
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Commercial And Corporate [2022] ZAWCHC 196

Business Doctor Consortium Limited and Another v Old Mutual Finance (RF) (Pty) Limited and Others (18535/2021)

Business Doctor Consortium Limited and Another v Old Mutual Finance (RF) (Pty) Limited and Others (18535/2021) [2022] ZAWCHC 196; [2022] 4 All SA 719 (WCC) (11 October 2022)

Minority shareholders failed to prove oppressive conduct under section 163 and could not use that remedy to force litigation; the application was dismissed with costs.

  • Minority Shareholder Oppression
  • Companies Act Section 163
  • Separate Legal Personality
  • Quasi Partnership
  • Reserved Matters
  • Derivative Action
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Civil Procedure [2022] ZAGPPHC 334

Norman v Cash Flow Capital (Pty) Ltd (19832/2020)

Norman v Cash Flow Capital (Pty) Ltd (19832/2020) [2022] ZAGPPHC 334 (16 May 2022)

Leave to appeal was dismissed where the court held that business rescue of a company does not extinguish a natural person’s personal liability under a guarantee.

  • Business Rescue Proceedings
  • Personal Guarantee Liability
  • Separate Legal Personality
  • Superior Courts Act
  • Companies Act Interpretation
  • Business-rescue
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Administrative Law [2013] ZANCT 12

Toyota Financial Services (SA) (Pty) Ltd v National Consumer Commission (NCT/4053/2012/101 (1)(P))

Toyota Financial Services (SA) (Pty) Ltd v National Consumer Commission (NCT/4053/2012/101 (1)(P)) [2013] ZANCT 12 (22 April 2013)

The Tribunal cancelled a compliance notice issued to Toyota Financial Services, holding it was served on the wrong party and was procedurally unfair.

  • Compliance Notice Review
  • Procedural Fairness
  • Separate Legal Personality
  • Administrative Action
  • Consumer Protection Act
  • Jurisdictional Facts
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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.