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Williams v Shackleton Credit Management (Pty) Ltd (10771/2020) [2023] ZAWCHC 279; 2024 (3) SA 234 (WCC) (10 November 2023)
Failure to deliver a section 129 NCA notice - dilatory or mandatory? The court also addressed the question of whether rescission under Rule 42(1)(a) is mandatory or discretionary when a judgment is found to be erroneously granted.
Venmop 275 (Pty) Ltd and Another v Cleverland Projects (Pty) and Another (2014/14286) [2015] ZAGPJHC 176; 2016 (1) SA 78 (GJ) (3 August 2015)
Litigants who burden the court with excessive irrelevant material should not complain about the quality of the court's decision, as they contributed to obscuring the relevant issues by their conduct.
Vantage Mezzanine Fund II Partnership and Another v Hopeson and Others (2022/045978) [2023] ZAGPJHC 1361; 2024 (2) SA 550 (GJ) (24 November 2023)
Amendments to pleadings: An interpretation of Section 157(1)(d) to allow creditors to seek delinquent director declarations under Section 162 if they can demonstrate that they act in the public interest.
Venator Africa (Pty) Ltd v Watts and Another (053_2023) [2024] ZASCA 60 (24 April 2024)
Groundbreaking judgment regarding the personal liability of directors to creditors. The Companies Act does not expressly provide for director liability to third parties (creditors) for loss or damage suffered.
Pioneer Foods (Pty) Ltd v Bekker [2016] ZAECGHC 103 (20 September 2016)
A court of appeal should not interfere with a trial court's findings of fact and credibility unless they are patently wrong or vitiated by irregularity. Also, the proper approach to the evaluation of expert evidence.
Ronbel 108 (Pty) Ltd v Sublime Investments (Pty) Ltd [2009] ZASCA 103; 2010 (2) SA 517 (SCA) ; [2010] 1 All SA 338 (SCA) (18 September 2009)
Any party intending to continue legal proceedings against a company in liquidation must provide notice to the liquidator within four weeks of their appointment. If notice is not given, the proceedings are considered abandoned unless the court directs otherwise.