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High Court of South Africa KwaZulu-Natal, Durban

The KwaZulu-Natal Division of the High Court of South Africa is a superior court of law with general jurisdiction over the KwaZulu-Natal province of South Africa. The main seat of the division is at Pietermaritzburg, while a subordinate local seat at Durban has concurrent jurisdiction over the coastal region of the province.

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1 judgment

Citation	Judgment date
July 2016
JVJ Logistics (Pty) Ltd v Standard Bank of South Africa Ltd and Others (7076/2015) [2016] ZAKZDHC 24 (22 July 2016) Reported s133(1) moratorium protects only civilly lawful possession; owners may enforce return of property despite business rescue. Companies Act s 133(1) – business rescue moratorium – meaning of "lawfully in its possession" – requires civil-lawful possession; factual or precarious possession not protected; owner entitled to enforce possession order; creditor’s vote not "inappropriate" where plan appropriates creditor’s property interest.	22 July 2016

Citation

Judgment date

July 2016

JVJ Logistics (Pty) Ltd v Standard Bank of South Africa Ltd and Others (7076/2015) [2016] ZAKZDHC 24 (22 July 2016)

Reported

s133(1) moratorium protects only civilly lawful possession; owners may enforce return of property despite business rescue.

Companies Act s 133(1) – business rescue moratorium – meaning of "lawfully in its possession" – requires civil-lawful possession; factual or precarious possession not protected; owner entitled to enforce possession order; creditor’s vote not "inappropriate" where plan appropriates creditor’s property interest.

22 July 2016