Commercial Insolvency versus Factual Insolvency
The Supreme Court of Appeal recently made judgement in respect of the test regarding factual insolvency vs. commercial in respect…
Silent Liabilities: South Africa’s Dormant Companies Face Tax Dilemmas
SARS has been enforcing penalties on dormant companies where companies have failed to submit tax returns and the request for…
The Last Post: South African Postal Service’s race against the clock
The Pretoria High Court has placed the South African Post Office under provisional liquidation, signalling the end of the state-owned…
Can I attach the bank account of a Judgment Debtor to satisfy a judgment debt?
Rule 45(8) and 45(12) allowing a judgment creditor to attach the bank account of a judgement debtor. Many times, to…
Trading Places – Determining the Responsibility of Wealth Planners
Gerber v PSG – A case discussion. In a recent judgment, the local division of the Gauteng High Court in…
Surviving the Economic Downturn: Businesses Battle Against the Odds
South Africa’s macroeconomic challenges are forcing more companies to consider liquidation. South Africans are under no illusion that the local…
The Principle of Subrogation
Breaking down the insured and insurer’s rights in relation to the principle of subrogation
Jockeying for Disposition: Payment in Terms of a Bank Guarantee vs Payment Constituting a Disposition
The Supreme Court of Appeal ruling establishes a principle that; when dealing with a possible disposition, it is important to…
The enforcement of the Pactum de non petendo in anticipando rule in South African Law
The Supreme Court of Appeal recently made a judgment in the Coral Lagoon Investments 194 (Pty) Ltd and another v…
