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South Africa decisions
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Kainos Medical Legal Services v Van Jaarsveld Attorneys (9013/2022) [2024] ZAGPPHC 125 (13 February 2024)
The High Court granted summary judgment for unpaid medico-legal services, rejecting technical objections and holding that supervening impossibility was no defence.
Firstrand Bank Limited t/a First National Bank v Fuscheco Consolidated (Pty) Ltd and Another (17482/2019) [2020] ZAGPJHC 296 (19 June 2020)
Summary judgment was granted to the bank after the defendants raised only technical objections and no bona fide defence to the overdraft and suretyship claim.
HBZ LBank Limited v Mukudam's General Enterprises and Others (32628/2019) [2020] ZAGPPHC 122 (3 March 2020)
The High Court granted summary judgment to HBZ Bank against three defendants for debt under loan and suretyship agreements, and declared property specially executable.
BMW Financial Services (SA) (Pty) Limited v Pather (29638/2018) [2019] ZAGPJHC 337 (13 August 2019)
The High Court granted summary judgment, rejecting technical objections to the commissioning of the affidavit and finding no bona fide defence to the arrears claim.
Ntebe v Residual Debt services Limited (CA232/2016) [2017] ZAECGHC 27 (9 March 2017)
The High Court dismissed an appeal against refusal of rescission of a consent judgment, finding no bona fide defence and only technical, unsupported objections.
Absa Bank Limited v Thermex Carbon Technologies (2013/25849) [2015] ZAGPJHC 294 (10 December 2015)
The court found that while ABSA failed to comply with section 346(4A)(b) of the Companies Act by not filing the required affidavit and did not notify the City of Johannesburg as a known creditor, these were technical defences. Thermex did not demonstrate a bona fide defence to the liquidation application, as it failed to pay the full arrears before the hearing and did not show it was able to pay its debts. The alleged agreement between ABSA and Thermex was conditional on full payment, which was not met. The court held that technical non-compliance does not warrant rescission of the provisiona…
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Firstrand Bank Limited v Mirror Ball Investments 65 CC (58758/2009) [2010] ZAGPPHC 590 (19 March 2010)
The court granted provisional winding up of a close corporation after finding the bank had established a prima facie debt claim and the respondent’s objections were not bona fide.
Grindrod Bank Limited v Molefe and Others (3485/2007) [2007] ZAKZHC 28 (23 October 2007)
Summary judgment was refused in a bank debt case after the court found substantial compliance with Rule 32(2), but chose caution and sent the matter to trial.
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