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PMG Motors Kyalami (Pty) Ltd and Another v Firstrand Bank Ltd, Wesbank Division (866/2013) [2014] ZASCA 180

PMG Motors Kyalami (Pty) Ltd and Another v Firstrand Bank Ltd, Wesbank Division (866/2013) [2014] ZASCA 180

27th November 2014 Summary: Companies in liquidation – Jurisdiction – operation of s 84(2) of the Insolvency Act on claim under the condictio indebiti where payment... 

Goliath v Member of the Executive Council for Health, Eastern Cape (085/2014) [2014] ZASCA 182

Goliath v Member of the Executive Council for Health, Eastern Cape (085/2014) [2014] ZASCA 182

By: Shannon de Ryhove     27th November 2014 Summary: Delict – medical negligence – surgical swab left in patient – inappropriate to resort to piecemeal processes of reasoning – only one... 

Mogale City Municipality v Fidelity Security Services (Pty) Ltd and Others (572/2013) [2014] ZASCA 172

Mogale City Municipality v Fidelity Security Services (Pty) Ltd and Others (572/2013) [2014] ZASCA 172

20th November 2014 The SCA today dismissed an appeal by the Mogale City Municipality against an order of the South Gauteng High Court setting aside the award of a... 

More Supreme Court of Appeal
Roodezandt Ko-Operatiewe Wynmakery Ltd v Robertson Winery (Pty) Ltd and Another (503/2013) [2014] ZASCA 173

Roodezandt Ko-Operatiewe Wynmakery Ltd v Robertson Winery (Pty) Ltd and Another (503/2013) [2014] ZASCA 173

20th November 2014 Summary: Trademarks Act 194 of 1993 – Register of trademarks rectified by removal of the appellant’s trademark ‘Robertson Hills’ on the basis that... 

Van Deventer v Ivory Sun Trading 77 (pty) Ltd (595/2013) [2014] ZASCA 169

Van Deventer v Ivory Sun Trading 77 (pty) Ltd (595/2013) [2014] ZASCA 169

6th November 2014 Today the Supreme Court of Appeal (SCA) delivered a judgment upholding the appeal by the appellant. The issue before the SCA was to determine... 

Msunduzi Municipality v Dark Fibre Africa (RF) (Pty) Limited (20119/2014) [2014] ZASCA 165

Msunduzi Municipality v Dark Fibre Africa (RF) (Pty) Limited (20119/2014) [2014] ZASCA 165

31st October 2014 Summary: Interpretation – s 22 of Electronic Communications Act 36 of 2005 – no permission required from landowner for an electronic network... 

Investgold CC v Uys and Another (686/2013) [2014] ZASCA 166

Investgold CC v Uys and Another (686/2013) [2014] ZASCA 166

30th October 2014 Summary:   Purchase and Sale of coins – whether payment of the purchase price coupled with delivery of the coins was done with the intention to... 

Shuttleworth v South African Reserve Bank and Others (864/2013) [2014] ZASCA 157

Shuttleworth v South African Reserve Bank and Others (864/2013) [2014] ZASCA 157

27th October 2014 Summary: Exchange Control – regulation 10(1)(c) of the Exchange Control Regulations – lawfulness of the imposition of a ten per cent exit levy by... 

Zhongji Development Construction Engineering Company Limited v Kamoto Copper Company Sarl (421/2013) [2014] ZASCA 160

Zhongji Development Construction Engineering Company Limited v Kamoto Copper Company Sarl (421/2013) [2014] ZASCA 160

24th October 2014 Summary:     Appeal - jurisdiction – on appeal, held that the process of arbitration should be respected – no basis for a declaratory order –... 

Newcity Group (Pty) Limited v Pellow N.O. and Others (577/2013) [2014] ZASCA 162

Newcity Group (Pty) Limited v Pellow N.O. and Others (577/2013) [2014] ZASCA 162

23rd October 2014 Summary: Companies Act 71 of 2008 – business rescue proceedings –whether company has a reasonable prospect of rescue as contemplated in s 131(4)(a)... 

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