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Citation
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Judgment date
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| September 2021 |
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23 September 2021 |
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22 September 2021 |
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Reported
A High Court order directing the Master to appoint specific liquidators was a nullity and was set aside.
Companies law – liquidation – appointment of liquidators – Master of the High Court has exclusive statutory role to appoint or decline nominated liquidators; judicial orders purporting to direct the Master to appoint specified liquidators are incompetent and may be nullities; rescission under Rule 42(1)(a) available where order was erroneously sought/granted in absence of affected party.
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15 September 2021 |
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Acting judge not seized after appointment ends; matter must be re-enrolled absent necessity or parties' agreement.
Civil procedure – Acting judges – retention of matters after appointment – section 48 Superior Courts Act – appointment extends where acting judge is "necessarily engaged" – examples include leave to appeal and interim execution – postponement sine die generally requires re-enrolment absent necessity or parties' agreement.
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13 September 2021 |
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Whether a Tax Court’s refusal to permit amendment to rely on s 11(a) is appealable and whether the amendment should be allowed.
Tax – Tax Administration Act – appealability – interlocutory vs final in effect – procedural applications under Tax Court Rules may be appealable if final in effect and dispositive of substantial issues. Civil procedure – Amendment of pleadings – bona fides, prejudice, delay – amendments allowed where no incurable prejudice and interests of justice favour ventilation of real issues. Tax law – Section 11(a) Income Tax Act – taxpayer may be permitted to reintroduce a previously-noted ground where triable issues exist and Tax Court proceedings are de novo. Pleadings – alleged withdrawal of admission, abandonment or waiver – evidential and factual questions for trial, not automatic bar to amendment.
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7 September 2021 |
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An affected person cannot bring a section 131 application where the company has adopted a section 129 resolution; the five-day period runs from filing.
Companies Act — business rescue — interpretation of s129(2),(3) and (5): five-business-day period runs from filing not adoption; business rescue resolution has no force until filed; liquidation proceedings are "initiated" when a liquidation application is issued and pending; PFMA implications for public-entity subsidiaries seeking to commence business rescue; affected-persons' remedies under s130 vs competence of s131 applications.
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7 September 2021 |
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Respondent declared vexatious for persistently abusing court process to harass applicant and family; leave now required to sue.
Vexatious litigation – s2(1)(b) Vexatious Proceedings Act; abuse of process; limitation on access to courts; leave required before instituting proceedings; punitive costs (attorney-and-client).
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6 September 2021 |
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2 September 2021 |
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Default judgment granted in absentia rescinded where applicants proved they were not properly served under Rule 42(1)(a).
• Civil procedure – Rescission of judgment – Rule 42(1)(a) – "Erroneously sought or erroneously granted" where default judgment obtained in applicant’s absence due to non-service; need not show good cause or traverse merits. • Locus standi – parties cited in proceedings entitled to apply. • Condonation – late filing of answering affidavit granted in interests of justice. • Costs – costs of rescission application awarded against respondents, including counsel fees.
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2 September 2021 |
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Municipal authority must substantiate historic account balance; disputed pre‑migration debt ringfenced pending court determination.
Municipal billing – faulty/estimated meter readings and SAP migration – unexplained balance carried forward (17 March 2010) – duty to keep records – allocation of payments to disputed historic debt – ringfencing contested balances pending court determination.
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1 September 2021 |