Knoop and Another NNO v Gupta (No 1) (115/2020) [2020] ZASCA 149 (19 November 2020)

Section 18 of the Superior Courts Act 10 of 2013 – suspension of order pending appeal – abuse of process – not to order judgment to be carried into effect – will prolong the abuse

 Removal of business rescue practitioners – s 139(2) of Companies Act 71 of 2008 – grounds – whether grounds for their removal established. 

Section 18 of Superior Courts Act 10 of 2013 – leave to execute pending appeal – requirements of exceptional circumstances and irreparable harm considered.

Appeals – whether the court may consider a cross-appeal in the absence of an application for leave to cross-appeal.

Delict – damages for malicious detention – onus on the plaintiff to prove that deprivation of liberty was without probable cause and was amino iniuriandi – no evidence led to prove absence of reasonable and probable cause and intention to injure.

Unlawful detention – police withholding report of negative DNA results in bail application proceedings – withholding of negative DNA test result would not, on its own, justify release of rape accused on bail in this case.

Insolvency law — order of final sequestration not preceded by provisional order — order not a nullity — valid until set aside by a court of law — no proper case for rescission

Review of National Consumer Tribunal’s (Tribunal) decision granting condonation for late filing of supplementary founding affidavit – whether Tribunal had such power.

Civil procedure – supervisory order – affected parties not heard before order made – order not applied for by any party – no evidence to justify making of order – order set aside