by cliffy | Sep 25, 2021 | Insolvency Law
Application for provisional sequestration In FirstRand Bank Ltd (“FirstRand”) v Janse van Rensburg and a Related Matter (“JR”) [2012] 2 All SA 186 (ECP) FirstRand sought provisional sequestration orders against JR, who were married to each other out of...
by cliffy | Sep 25, 2021 | Insolvency Law
Winding-up of company In FirstRand Bank Ltd (“FirstRand”) v Lodhi 5 Properties Investment CC (“Lodhi”) 2013 (3) SA 212 (GNP) the court held that there is no indication in the 2008 Act that the legislature intended, particularly as it left s 345 of the 1973...
by cliffy | Sep 25, 2021 | Contract Law
Place of payment In Bush and Others v BJ Kruger Incorporated and Another [2013] 2 All SA 148 (GSJ) the court held that payment by means of an electronic funds transfer (EFT) occurs when the party entitled to the payment actually receives the money in his or her...
by cliffy | Sep 25, 2021 | Contract Law
Warranty against latent defect In Banda and Another v Van der Spuy and Another 2013 (4) SA 77 (SCA) the owners of a house with a leaking thatched roof sold the house without disclosing the fact that the repairs to the roof had not properly rectified the defect....
by cliffy | Sep 25, 2021 | Contract Law
Authority of agent to bind juristic person In Africast (Pty) Ltd v Pangbourne Properties Ltd [2013] 2 All SA 574 (GSJ) the court considered a written contract signed by representatives of the parties to determine the existence of authority of the defendant’s...
