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South Africa Case Law

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Civil Procedure [2024] ZANCHC 10

Chief Executive Officer, Northern Cape Liquor Board v Reed (1179/2018; 731/2018)

Chief Executive Officer, Northern Cape Liquor Board v Reed (1179/2018; 731/2018) [2024] ZANCHC 10 (9 February 2024)

The High Court held that Joseph Reed validly withdrew two proceedings under Rule 41 before the stay application could proceed, striking the stay application from the roll.

  • Withdrawal Of Proceedings
  • Stay Of Proceedings
  • Uniform Rule 41
  • Costs Orders
  • Civil-procedure
  • Withdrawal-of-proceedings
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Commercial And Corporate [2023] ZAKZDHC 4

Utopia Trade Investments (Pty) Ltd v Stoneridge Investments (Pty) Ltd and Others (Leave to Appeal) (D9264/2018)

Utopia Trade Investments (Pty) Ltd v Stoneridge Investments (Pty) Ltd and Others (Leave to Appeal) (D9264/2018) [2023] ZAKZDHC 4 (27 January 2023)

The court found that the applicant failed to demonstrate reasonable prospects of success or any compelling reason for leave to appeal. The sale of business was implemented to facilitate rehabilitation in line with the objectives of business rescue, and the business rescue plan did not explicitly prohibit such a sale. The settlement agreement constituted a compromise, even if the sale of business was invalid. The facts of this case were distinguishable from Shabangu v Land and Agricultural Development Bank of South Africa, as there was a dispute regarding the validity of the original agreement…

  • Business Rescue
  • Sale Of Business
  • Settlement Agreement
  • Leave To Appeal
  • Companies Act
  • Uniform Rule 41
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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.