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South Africa Case Law

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Land And Property [2011] ZASCA 199

Gazit Properties (Pty) Ltd v Botha NO and Others (873/2010)

Gazit Properties (Pty) Ltd v Botha NO and Others (873/2010) [2011] ZASCA 199; 2012 (2) SA 306 (SCA) (23 November 2011)

Court
Supreme Court of Appeal
Case number
873/2010
Judges
Harms, Heher, Snyders, Shongwe, Majiedt

The Supreme Court of Appeal held that repayments made under valid loan agreements were in the ordinary course of business, despite the debtor’s unlawful banking activities.

  • Insolvency Act Section 29
  • Ordinary Course Of Business
  • Unlawful Banking
  • Preferential Payment
  • Liquidation
  • Contractual Obligation
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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.

Source links and collection timestamps are retained alongside the indexed records.