SemantisAI Judgment summaries.
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Bandra Investments CC and Another v Chetwynd-Palmer and Others [2023] ZAKZPHC 116 (18 October 2023)
Did the applicants provide sufficient grounds for the late filing of their review application and for the postponement of the hearing, and should the court grant condonation for the delay in accordance with the Promotion of Administrative Justice Act?
First National Bank of Southern Africa Ltd v Perry NO and Others (100_99) [2001] ZASCA 37; [2001] 3 All SA 331 (A) (26 March 2001)
Did the appellant, First National Bank of Southern Africa Ltd, establish a valid cause of action for unjustified enrichment against the respondents, including Nedbank, in light of the circumstances surrounding the payment of a forged cheque?
PRASA Corporate Real Estate Solutions v Community Property Company Ltd and Another (384_2023) [2024] ZASCA 35 (28 March 2024)
Did the Community Property Company (Pty) Ltd establish a contractual claim against the Passenger Rail Agency of South Africa (PRASA) for the reimbursement of electricity consumption charges, or an alternative claim based on unjustified enrichment?
Crossmoor Transport (Pty) Ltd v Closetrade 200074 CC ta Ilcor Engineering Services [2024] ZAGPJHC 856 (4 September 2024).pdf
Did the agreements between Crossmoor Transport (Pty) Ltd and Closetrade 200074 CC contain suspensive conditions that were not fulfilled, and if so, was there a waiver of those conditions by the Respondent?
Peter v Mimosa Court Shareblock RF (Pty) Ltd and Others [2024] ZAWCHC 242 (5 September 2024)
The 20 business day time limit for a director to apply for a review of a board's decision to remove them, as stipulated in section 71(5) of the Companies Act 71 of 2008, commences from the date of the board's determination, not from the date the director receives formal notification of that decision.
Jones and Others v Hendrik Frederick Delport and Others [2024] ZAGPPHC 833 (28 August 2024)
Did the board of directors of the seventh and eighth respondents validly remove the first to third applicants as directors of the companies based on allegations of negligence and dereliction of duty under section 71 of the Companies Act, and is the determination subject to review by the court?
One Stop Financial Services (Pty) Ltd v Neffensaan Ontwikkelings (Pty) Ltd and Another [2015] ZAWCHC 89 (17 June 2015)
Is the applicant a creditor of Neffensaan Ontwikkelings (Pty) Ltd, and does it have the locus standi to apply for the provisional liquidation of the company based on the claims arising from the suretyship and loan agreements, given the disputed authority of the signatories?
Investec Import Solutions (Pty) Ltd v Northend Showroom CC [2019] ZAGPJHC 561
Did Investec Import Solutions (Pty) Ltd have the legal right to perfect its security under the notarial bonds against Northend Showroom CC, and were the subsequent applications for liquidation and enforcement of guarantees justified based on the alleged indebtedness of Northend and the actions of Rihsaan CC?
Emontic Investments (Pty) Ltd v Bothomley NO and Others (1123/2022) [2024] ZASCA 1 (9 January 2024)
Can a creditor who has realized its security under section 83(3) of the Insolvency Act 24 of 1936 claim set-off of a post-liquidation debt owed to it against the proceeds of the realization that it is required to pay to the trustee or liquidator under section 83(10) of the Insolvency Act?