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South Africa Case Law

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Civil Procedure [2022] ZAGPPHC 1004

Astfin Gauteng (Pty) Limited trading as Assetfin v Standard Bank of South Africa Ltd and Others (14656/2021)

Astfin Gauteng (Pty) Limited trading as Assetfin v Standard Bank of South Africa Ltd and Others (14656/2021) [2022] ZAGPPHC 1004 (14 December 2022)

The High Court set aside a sale in execution after the Sheriff failed to give mandatory notice to a mortgagee and execution creditor under Uniform Rule 46(7)(d).

  • Sale In Execution
  • Notice Requirements
  • Mortgagee Rights
  • Uniform Rules Of Court
  • Setting Aside Judicial Sale
  • Sale-in-execution
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Civil Procedure [2021] ZAGPJHC 464

ERF [....] Hyde Park (Pty) Ltd and Another v United Technical Equipment Company (Pty) Ltd and Others (30706/2021)

ERF [....] Hyde Park (Pty) Ltd and Another v United Technical Equipment Company (Pty) Ltd and Others (30706/2021) [2021] ZAGPJHC 464 (3 August 2021)

The High Court dismissed an urgent bid to set aside a sale in execution, finding no effective business rescue was in place when the property was sold.

  • Sale In Execution
  • Business Rescue Proceedings
  • Setting Aside Judicial Sale
  • Companies Act Section 129
  • Interdictory Relief
  • Sale-in-execution
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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.