In the case of Motowest Bikes and ATVS ("Motowest") vs Calvern Financial Services ("Calvern") Calvern sued Motowest for damages for the loss of its motor vehicle which was stolen from the premises of Motowest.
We've all seen it. Nowadays social media makes it impossible to miss. The big announcement on facebook "I'm engaged" (or sometimes it's a "we're" if s/he is lucky enough to be included in their future spouses status!), the picture of the ring (specially designed you know and look at the size of that rock).
In terms of the Insolvency Act, certain types of transactions may be set aside by the executor of the sequestrated estate of an individual or the liquidated estate of a juristic entity that has been wound up because it is unable to pay its debts.
Since October 2012 taxpayers are seeing the effects of the Tax Administration Act 28 of 2011 ("the Act"). Although it has only been a year since this Act has been applicable, taxpayer's are beginning to experience the muscle that the South African Revenue Service ("SARS") is able to flex as a result of it.
The recent collapse of part of a large partially completed shopping centre in Tongaat, KwaZulu-Natal and a Supreme Court of Appeal case in the Eastern Cape, has sharply focused the attention of local authorities and property owners on the risks in commencing with construction of building projects, prior to receiving local authority approval of building plans.
The fines imposed by the Competition authorities are supposed to promote compliance and competition through deterrence. The primary purpose of a damages award is compensation for the person who has suffered harm. It is important to remember this when dealing with damages claims and class actions, especially in light of the growing awareness around civil claims for conduct found to be anticompetitive.
On 9th December 2013 the Basic Conditions of Employment Amendment Act (“Amendment Act”) was passed into law.The Amendment Act seeks to discourage non-compliance by strengthening the powers of the Labour inspectors and enforcing stricter penalties.
Business Rescue is a new concept in the South African business landscape and is found in Chapter Six of the Companies Act 71 of 2008. New legislation often requires judicial decision to provide a framework of certainty.
In Nedbank v Mendelow NO and another, recently decided by the Supreme Court of Appeal (SCA) Mendelow and his co-executor in a deceased estate sought to recover ownership of a property which had been transferred from the estate to a company.
According to the wording used in the new companies act, ‘rescuing the company’ means achieving the goals set out in the definition of “business rescue”. It accordingly has two goals: a primary goal, which is to facilitate the continued existence of the company on an solvent basis or, a secondary goal, in case the first fails, is to achieve a better return for the creditors or shareholders of the company than would result from immediate liquidation of the company.
In a recent judgment of the Western Cape High Court (Bright Bay Property Service (Pty) Ltd v Moravian Church in South Africa, 2013 (3) SA 78 (WCC)), the Court made it clear that if a company is deregistered and then re-registered under the Companies Act, 71 of 2008 ("the 2008 Act") the re-registration is not retrospective and the company's conduct during the period that it was deregistered cannot be retrospectively validated.