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Insolvency — Liquidation — Just and equitable grounds for liquidation — Application for final liquidation order granted based on section 81(d)(iii) of the Companies Act 71 of 2008 — Respondent’s business model contravening the Share Block Control Act 59 of 1980 — Provisional liquidation order confirmed as Respondent failed to demonstrate it would not be just and equitable to grant final liquidation.
Contract — Sale Agreement — Cancellation of sale agreement for immovable property — Applicant, the seller, alleged breach by first respondent, the buyer, for non-payment of purchase price — Court found no material dispute of fact warranting trial — First respondent's points in limine dismissed — Sale agreement cancelled and transfer of property set aside, with order for re-transfer to applicant.
Review — Taxation — Review of Taxing Master’s allocaturs under rule 17 of the SCA Rules — Applicants challenged the Taxing Master’s decisions regarding the recovery of attorney’s fees and duplication of perusal charges — Applicants contended that the first respondent, acting as a self-representing litigant, was not entitled to recover professional fees, and that perusal charges were impermissibly duplicated — Court held that the Taxing Master correctly allowed the fees claimed by the first respondent as an attorney acting in person and permitted both instructing and correspondent attorneys to charge for perusal fees under certain circumstances — Applications for review dismissed with costs.
Summary Judgment — Defence — Prescription — Applicant sought summary judgment for debt arising from instalment sale agreements; respondents contended that the debt had prescribed under the Prescription Act. The court found that the respondents raised bona fide defences, including a special plea of prescription, asserting that the claim arose on 10 June 2019 and prescribed by 9 June 2022. The applicant's argument that prescription was delayed due to the filing of a claim with the liquidator was rejected. Summary judgment was refused, and the respondents were granted leave to defend the main action.
Companies — Social and Ethics Committee — Exemption from requirement to appoint a Social and Ethics Committee under section 72(4) of the Companies Act 71 of 2008 — Applicant exceeding public interest score threshold but demonstrating that it is not reasonably necessary in the public interest to require a committee due to the nature of its intermediary business and limited stakeholder engagement — Tribunal granting exemption for five years.
Execution — Summary judgment — Application for summary judgment and condonation for late filing — Applicant sought to enforce mortgage bond against deceased estate — Respondent failed to make payments as per loan agreements and did not provide a bona fide defense — Court held that the applicant complied with obligations under the agreements and the National Credit Act, and granted summary judgment in favor of the applicant.
Administrative Law — Legal Practice Council — Application for registration of practical vocational training contract — Applicant previously convicted of assault — Council requiring further information and consent for criminal check — Applicant declining consent — Council placing application in abeyance — Application for leave to amend notice of motion and compel discovery dismissed — Court finding proposed amendment to be late, not bona fide, and introducing new claims unsuitable for motion proceedings.
Rescission — Default judgment — Application for rescission of default judgment granted on 17 March 2023 — Applicant failing to establish reasonable explanation for default, bona fides, and a defence with prospects of success — Application dismissed with costs on attorney and client scale due to excessive delay and lack of merit.
Appeal — Application for leave to appeal — Applicants sought leave to appeal against a judgment declaring their notice of appeal against an eviction order irregular and incompetent — Court held that the notice did not suspend the eviction order's execution — Applicants failed to demonstrate a reasonable prospect of success on appeal as required by the legal standard — Application for leave to appeal dismissed.
Insolvency — Jurisdiction — Application for sequestration of a trade union — Applicants, former union officials, sought provisional sequestration of the National Enterprises Workers Union for non-payment of Arbitration Awards — Court considered whether the High Court has jurisdiction over the winding-up of a trade union or if it lies exclusively with the Labour Court — Held that the Labour Court has exclusive jurisdiction in matters concerning the winding-up of trade unions under the Labour Relations Act, and the application must be brought de novo in the Labour Court.
Labour Law — Dismissals for operational requirements — Fairness of dismissals — Employees retrenched due to changes in contract terms — Employees refusing reduced remuneration — Court finding retrenchments substantively fair — Employer's failure to provide requested financial information not constituting unfairness — Jurisdictional issues regarding certain employees' dismissals — Special pleas upheld where no dismissal established.
Labour Law — Review of Arbitration Award — Applicant sought to review and set aside an arbitration award that upheld his dismissal for misconduct, including bribery and dereliction of duty. The applicant was dismissed after being found guilty of soliciting a bribe from a service provider and failing to report non-compliance. The arbitrator concluded that the dismissal was both procedurally and substantively fair. The applicant contended that the arbitrator misdirected himself by relying on hearsay evidence and failing to properly evaluate the evidence presented. The court held that the arbitrator's decision fell within a band of reasonableness and that the applicant failed to demonstrate any reviewable irregularity, thus the award was upheld.