South Africa Case Law

Benecke and Others v Medbond Fund Managers (Pty) Ltd and Another (B1790/2023)

Benecke and Others v Medbond Fund Managers (Pty) Ltd and Another (B1790/2023) [2023] ZAGPPHC 1860 (30 October 2023)

Court

North Gauteng High Court, Pretoria

Case number

B1790/2023

Judge

N Janse Van Nieuwenhuizen

The court granted provisional liquidation of Medbond Fund Managers, finding it prima facie conducted unauthorised financial services and that this made winding up just and equitable.

• Provisional Liquidation
• Just And Equitable Winding Up
• Unauthorised Financial Services
• Void Contracts
• Locus Standi
• Companies Act 1973

Matarapro (Pty) Ltd v Mashala Resources (Pty) Ltd (2021/20243)

Matarapro (Pty) Ltd v Mashala Resources (Pty) Ltd (2021/20243) [2023] ZAGPJHC 1078 (27 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/20243

Judge

Dlamini

The High Court dismissed an application for leave to appeal, holding that a compensation agreement signed during business rescue was void without practitioner approval.

• Business Rescue
• Leave To Appeal
• Void Contracts
• Director Authority
• Leave-to-appeal
• Business-rescue

Commissioner for Inland Revenue v Insolvent Estate JP Botha t/a Trio Culture (30/89)

Commissioner for Inland Revenue v Insolvent Estate JP Botha t/a Trio Culture (30/89) [1990] ZASCA 2; 1990 (2) SA 548 (AD); [1990] 2 All SA 163 (A) (26 February 1990)

Court

Supreme Court of Appeal

Case number

30/89

Judges

Hoexter, Nestadt, Milne, Nicholas, Friedman

The majority held that the statutory definition of 'sale' in the Sales Tax Act is sufficiently broad to include agreements of sale, whether legal or illegal. The Act does not expressly exclude void or illegal agreements from attracting sales tax. The court found that the milk-culture scheme operated by Trio Kulture, even if assumed to be a lottery and thus void under the Gambling Act, still constituted 'sales' within the meaning of the Sales Tax Act. The respondent failed to discharge the onus of proving that the assessed amount was not liable to sales tax. Therefore, the assessment by the Co…

Source excerpt

• Sales Tax Assessment
• Void Contracts
• Lottery Scheme
• Statutory Interpretation
• Illegal Agreements