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Citation
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Judgment date
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| November 2012 |
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The respondent was bound by the managing director’s final demand, but the applicant miscalculated interest and failed to prove the debt.
Company law — ostensible authority/Turquand rule; Contract formation — final demand as binding agreement; Interest — rate agreed (4% per month) limited to pre-existing debt from date of demand; Calculation of interest — error in including post-demand purchases; Proof/quantum — plaintiff failed to prove amount claimed
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28 November 2012 |
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Applicant denied specific performance and share declaration due to non-payment and lawful contract cancellation.
Contract law — specific performance — failure to fulfil antecedent obligations (payment of consideration) — lawful contractual cancellation — breakdown of mutual trust — separate legal personalities; corporate relief premature.
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27 November 2012 |
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Court granted leave to execute pending appeal, finding the appeal likely a delay tactic and applicant would suffer further prejudice.
Civil procedure – Application for leave to execute pending appeal – Execution suspended by noting appeal – Test per South Cape: irreparable prejudice, prospects of success, dilatory or bona fide appeal, balance of convenience – Dispensing with procedural formalities under High Court Rule 4C.
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27 November 2012 |
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Buyer dispossessed by police of a stolen vehicle may recover damages from seller; vigorous defence not required when police act reasonably.
Sale of goods — implied warranty against eviction — buyer dispossessed by police on theft suspicion — identity established by chassis and engine numbers — virilis defensio not required where police action is reasonable — damages awarded where delivery impossible
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26 November 2012 |
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Employment-related payment claims fall under the Labour Court; stated accounts and absent exchange control approval defeat recovery.
Jurisdiction — Labour Act s89 — employment disputes; Stated account — requirements for final admission of liability and proof of authority; Exchange control — requirement of prior approval for cross-border payments and effect on enforceability; Civil procedure — raising unpleaded claims and prescription; Corporate law — separate legal personality and locus to sue for company-owned assets.
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26 November 2012 |
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Arbitration delayed prescription but the first defendant’s ownership claim was prescribed; plaintiff’s sale agreement prevails.
Property law – competing agreements of sale – proof of ownership on balance of probabilities; Prescription Act s 17 – arbitration delays prescription; Cooperative allocations and internal receipts – probative value and credibility; Order directing transfer and authorising Deputy Sheriff to sign
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25 November 2012 |
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Defendant negligent in collision; plaintiff's repair invoice credible and defendant liable for unpaid balance.
Delict — motor vehicle collision — negligence admitted — causation of damages (including suspension damage) — assessment and reasonableness of repair costs — credibility of quotations and tax invoice — insurer's partial payment; defendant liable for unpaid balance
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12 November 2012 |