Supreme Court of the Cape of Good Hope - 1880 May

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2 judgments

Citation	Judgment date
May 1880
Irvine v Impey & Co [1880] ZASCCGH 19 (25 May 1880) Reported A newspaper's "ill‑gotten gains" remark about the respondent was fair comment, not an accusation of dishonesty. Defamation — meaning of words — context and whole‑article construction — opinion versus factual imputation — fair and bona fide comment on public interest; criticism of allegedly profiting from sales to natives held opinion, not libel.	25 May 1880
Meurant v Trustee in Insolvent Estate of Smit [1880] ZASCCGH 18 (15 May 1880) Reported A trustee who acts bona fide under creditors' instructions may charge unsuccessful litigation costs to the insolvent estate; general mortgagees are not exempt. Insolvency law – costs of creditor-authorized litigation – trustee acting bona fide may charge unsuccessful litigation costs to the insolvent estate; general mortgagees not specially exempt. Case law requires strong proof of intent to prefer to set aside transactions.	15 May 1880