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South Africa decisions
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First National Bank A Division of Firstrand Bank Limited v Roux (14851/2024) [2025] ZAWCHC 208 (19 May 2025)
The High Court refused a defendant’s bid to transfer a credit claim to the magistrates’ court and rejected her application to set the action aside.
De Wet and Another in re Olive Trading Company (Pty) Ltd v Kuyanda Commodities 34 CC t/a Bafana Petroleum (2024/024546) [2025] ZAGPPHC 390 (23 April 2025)
The Intervening Applicants, as minority members and creditors of Kuyanda, have demonstrated a direct and substantial interest in the liquidation proceedings and are entitled to intervene. The business rescue applications pending in the Mpumalanga High Court have been properly commenced and, in terms of section 131(6) of the Companies Act 71 of 2008, automatically suspend the liquidation application until adjudication of the business rescue proceedings. The facts and legal issues in this matter are intertwined with multiple related applications already pending in Mpumalanga, and judicial effic…
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Petersen v Road Accident Fund (6868/2020) [2024] ZAGPPHC 1352 (19 December 2024)
The court refused to transfer a Road Accident Fund matter to the North West Division, holding that a congested roll alone does not justify removal under section 27(1)(b).
Coca Cola Beverages South Africa (Pty) Ltd v Competition Commission of South Africa and Others (247/CAC/Jul23) [2024] ZACAC 4 (7 October 2024)
The Competition Appeal Court refused to transfer a review from the Competition Tribunal, holding there was no statutory or constitutional power to do so.
JJV v JV (DIV117/2022) [2024] ZANWHC 25 (12 February 2024)
The court heard an urgent application to appoint a curator ad litem for minor children and dismissed a counter-application to transfer the divorce matter to Pretoria.
Sasol Gas Proprietary Limited v Competition Commission Of South Africa and Others (212.CAC.Apr23 CT; OTH110Sep22) [2023] ZACAC 5 (5 May 2023)
The Competition Appeal Court transferred Part B of Sasol Gas’s application from the Tribunal for determination and set a future hearing for procedural directions.
Schweizer Tyres v Engelbrecht (CIV APP FB 21/2020) [2023] ZANWHC 41 (14 April 2023)
The court held that the appeal was properly before it, as substantial compliance with the rules regarding security for costs had been achieved and no application was made by the respondent to declare the appeal lapsed. On the merits, the court found that jurisdiction must be determined at the time the action is instituted. At that time, the North West High Court did not have jurisdiction over Schweizer-Reneke; the correct forum was the Gauteng Division, Pretoria. The respondent failed to apply for transfer to the proper court, and there was no legislative gap that left her without a forum. Th…
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Valambya Energy Services and Projects (Pty) Ltd v Shell South Africa (Pty) Ltd (Now known as Shell Downstreamsouth Africa (Pty) Ltd and Others (574/2014) [2023] ZANWHC 74 (22 February 2023)
The High Court refused to transfer a property dispute to Pretoria for consolidation, finding the matters distinct and transfer premature with pleadings still open in Mahikeng.
Development Bank of Southern Africa Limited v Proline Trading 60 (PTY) Ltd (30282/2020) [2022] ZAGPJHC 639 (5 September 2022)
The High Court stayed proceedings and referred a loan dispute to arbitration, finding good cause to extend the time limit under the Arbitration Act.
Goedhals v Lodge (37390/2020) [2022] ZAGPPHC 411 (6 June 2022)
The High Court granted a transfer of proceedings to the Mpumalanga High Court after finding the Pretoria court lacked jurisdiction. Costs followed the result.
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