- Flynote
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Lease agreement – whether a settlement agreement constituted a credit transaction in terms of the National Credit Act 34 of 2005 (the NCA) – underlying rental agreements excluded from provisions of the NCA as they were large transactions concluded with a corporate entity and secured by a suretyship – on a literal interpretation of s 8(4)(f) of the NCA the settlement agreement constituted a credit transaction – results of that so absurd that it could not have been intended by the legislature – inimical to the purposes of the NCA – provisions of the NCA did not apply – cross-appeal succeeded.
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Cited documents 2
Judgment 1
1. | Ribeiro and Another v Slip Knot Investments 777 (661/2009) [2010] ZASCA 174 (2 December 2010) | 1 citation |
Legislation 1
1. | National Credit Act, 2005 | 686 citations |
Documents citing this one 2
Judgment 2
1. | Nel and Others v Cilliers (197/2023) [2024] ZASCA 57 (19 April 2024) | |
2. | Rhenus Logistics Proprietary Ltd v Good To Go Trading CC (2022-021528) [2024] ZAGPJHC 146 (5 February 2024) |