Court Code
ZASCA

Contract law – arbitration and governing law clauses in licence agreements – whether subsequent contracts replaced or rendered clauses inoperative – no variation of the licence agreements – subsequent contracts regulating different aspects of business – arbitration clause and governing law clause not invalid. 

 

Close corporation - winding-up – proper interpretation of s 69 of Close Corporation Act 69 of 1984 - whether application for winding-up brought by secured creditor constituted abuse of court’s processes – unpaid creditor generally entitled to winding-up ex debito justitiae against corporation unable to pay its debts – discretion to nevertheless refuse winding-up order – whether discretion not to grant the winding-up order was properly exercised – appeal upheld.

 

Company law – business rescue proceedings – whether reasonable prospect of rescuing company as contemplated in s 131(4)(a) of Companies Act 71 of 2008.

Interim interdict – appealability of interim interdictory relief and refusal of counter-application – interests of justice do not require that appeal be entertained.

 

Administrative law – non-compliance with s 217 of the Constitution - contracts set aside.
Civil procedure – s 16(2)(a) of Superior Courts Act 10 of 2013 – decision on appeal having no practical effect - no live issue other than costs – no exceptional circumstances justifying a hearing on costs.

 

Environmental law – application for environmental authorisation in terms of s 22 of the Environment Conservation Act 73 of 1989 (ECA) – Appeal against the decision of the competent authority – powers of the appeal authority under s 35 of the ECA – appeal authority has wide powers including the power to substitute or replace the decision of the competent authority appeal dismissed.

 

Land tenure - Extension of Security of Tenure Act 62 of 1997 – onus to prove application of – the party who invokes the Act bears the onus – sufficient evidence must be tendered.

Children – whether retention by one parent of the child in South Africa was wrongful – return of the child to the United Kingdom (UK) sought in terms of the Hague Convention on the Civil Aspects of International Child Abduction, 1980 on the basis that the removal had become unlawful – whether a defence of consent under article 13(a) was established – evidence that the father had consented not established – application for admission of new evidence granted – defence under article 13(b) that there was a grave risk that the child would be exposed to psychological hardship or o

Contempt of court – interpretation of court order – non-compliance not proven – absence of wilfulness and mala fides – court order not directed at respondents.