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South Africa decisions
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South African Legal Practice Council v Beukman (17538/24) [2025] ZAWCHC 284 (11 July 2025)
The High Court struck a legal practitioner from the roll for misappropriating trust funds, concealing a refund, breaching a settlement, and failing to repay the client.
Revolver Creek Trust CC v Above Average Investments Corporation 20 CC (3473/2021) [2022] ZAMPMBHC 79 (18 October 2022)
The court declared three immoveable properties specially executable under Rule 46 after default judgment, failed execution against moveables, and an unfulfilled settlement agreement.
ABSA Bank Ltd v Woon and Another (2017/22794) [2022] ZAGPJHC 384 (31 May 2022)
The High Court granted ABSA judgment for a mortgage debt, declared the property specially executable, and set a reserve price after rejecting the respondent’s defences.
KIC SA (Pty) Ltd v Edith Venter Promotions CC (2020/9865) [2022] ZAGPJHC 77 (18 February 2022)
The High Court granted a provisional winding-up order against a close corporation after finding its debt to the applicant was prima facie established and not bona fide disputed.
Trustees for the Time Being of Roshen and Komarie Family Trust and Others v Business Partners Limited (28839/2016) [2019] ZAGPJHC 383 (10 October 2019)
The applicants breached the settlement agreement three times, as established by the respondent's evidence and correspondence. Notices of breach were properly served, and the applicants acknowledged receipt by attempting to remedy the breaches. The computation of the seven-day period for the last breach was correct, and the applicants failed to remedy the breach within the required time. The respondent was entitled to have the warrant of execution issued in terms of the agreement. The applicants failed to show good cause for rescission. There was no basis for awarding costs de bonis propriis a…
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Standard Bank of South Africa Ltd v Best Care Medical Supplies CC and Others (17069/2013) [2017] ZAGPPHC 444 (21 July 2017)
The court confirmed a provisional winding-up order against the close corporation after finding admitted indebtedness, default under a settlement, and commercial insolvency.
Investec Bank Ltd v Roberts and Another (4177/2011) [2013] ZAWCHC 25 (18 February 2013)
The court found that the defendants breached the deed of settlement, which had been made an order of court, by failing to pay the agreed instalments and arrears. The National Credit Act notification requirement was rendered moot by the settlement and order. The settlement agreement did not constitute an incidental credit agreement under the NCA, as it did not involve an account for goods or services. The defendants' claim that payment was conditional on receiving funds was unsupported by the correspondence, which showed the plaintiff granted an indulgence but did not waive rights. The specula…
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Firstrand Bank Ltd v Seriso 321 CC (952/2011) [2011] ZAWCHC 394 (31 October 2011)
The High Court granted Firstrand Bank a provisional winding-up order against Seriso 321 CC after finding a prima facie case of debt, insolvency, and breached settlement terms.
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