South Africa Case Law

Body Corporate of Merriman Court and Others v Greeff - Reasons for Rule 42(1) (A212/2022)

Body Corporate of Merriman Court and Others v Greeff - Reasons for Rule 42(1) (A212/2022) [2024] ZAWCHC 46 (19 February 2024)

Court

Western Cape High Court, Cape Town

Case number

A212/2022

Judges

R. Allie, G. Salie, N. Mangcu-Lockwood

The Full Bench found that the original judgment delivered on 13 February 2024 omitted a clear order regarding the costs of the appeal. Given the appellants' success, the principle that costs follow the result applies. The omission was rectified under Rule 42(1)(b) of the Uniform Rules, and the order was varied to specify that the respondent shall bear the costs of the appeal. The orders of the court a quo were set aside, and the respondent's application was dismissed with costs.

Source excerpt

• Variation Of Order
• Costs On Appeal
• Rule 42 Uniform Rules
• Setting Aside Orders

Ngubo v Tshepang Contractors And Trading CC and Others (3967/2018)

Ngubo v Tshepang Contractors And Trading CC and Others (3967/2018) [2023] ZAFSHC 149 (2 May 2023)

Court

Free State High Court, Bloemfontein

Case number

3967/2018

Judge

Daniso

The High Court dismissed an application to set aside a substitution order, upheld a counter-application to correct a party citation, and awarded costs against the applicant.

• Joinder And Substitution Of Parties
• Misdescription Of Parties
• Setting Aside Orders
• Sale Of Business
• Condonation
• Joinder-and-substitution-of-parties

TFM Customising Centre (PTY) Ltd v Firstrand Bank Ltd t/a First National Band and Another (048154/2022)

TFM Customising Centre (PTY) Ltd v Firstrand Bank Ltd t/a First National Band and Another (048154/2022) [2022] ZAGPJHC 1013 (15 December 2022)

Court

South Gauteng High Court, Johannesburg

Case number

048154/2022

Judge

Twala M L

The applicant failed to disclose material facts to the court when seeking the ex parte order, specifically that the respondent had taken control of the business and its accounts pursuant to a sale agreement. The applicant misled the court by omitting these facts and by misstating the circumstances surrounding the transfer of funds. The court found this non-disclosure to be mala fide and fatal to the application. As a result, the ex parte order was reconsidered and set aside, and the respondent was entitled to control and dispense the funds in question.

Source excerpt

• Ex Parte Applications
• Duty Of Full Disclosure
• Sale Of Business
• Spoliation
• Urgent Interdict
• Setting Aside Orders

FA Konstruksie CC v Mhonyini Trading Enterprize CC In re Asphaltic (Pty) Ltd v Mhonyini Trading Enterprize CC (3182/2021)

FA Konstruksie CC v Mhonyini Trading Enterprize CC In re Asphaltic (Pty) Ltd v Mhonyini Trading Enterprize CC (3182/2021) [2022] ZAMPMBHC 59 (22 July 2022)

Court

Mbombela High Court, Mpumalanga

Case number

3182/2021

Judge

JH Roelofse

The court found that section 347(5) of the Companies Act prohibits the granting of a final winding-up order where a provisional order is already in force. The final order obtained by FA Konstruksie CC was granted while the provisional order in Asphaltic's application was still pending, rendering the final order a nullity. The winding-up is deemed to have commenced on 17 February 2021, the date of Asphaltic's application. The court exercised its discretion under section 354(1) of the Companies Act to set aside the proceedings in FA's application, as the final order should not have been granted…

Source excerpt

• Winding Up Of Close Corporations
• Setting Aside Orders
• Creditor Intervention
• Commencement Of Liquidation

ABSA Bank Ltd v Fraser and Another (386/05)

ABSA Bank Ltd v Fraser and Another (386/05) [2006] ZASCA 31; 2006 (2) SACR 158 (SCA) (24 March 2006)

Court

Supreme Court of Appeal

Case number

386/05

Judges

Mlambo, Mpati, Cameron, Nugent, Nkabinde

The Supreme Court of Appeal upheld ABSA’s appeal, granted it leave to intervene, set aside parts of the court a quo’s orders, and awarded costs against the first respondent.

• Leave To Intervene
• Costs Award
• Setting Aside Orders
• Civil-procedure
• Leave-to-intervene
• Costs-award