disposition without value Archives

Disposition without value: Satisfied demand guarantee?

by GilesFiles | Dec 30, 2022 | 2020 onwards, Appeals, Appeals - leave, Banks, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Finance, Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

Cloete Murray NO v Humansdorp Co-operative Ltd When is payment in terms of a demand guarantee acceptable and does not amount to a disposition without value? “[29] Both parties agree that if the payment was made in terms of...

Validating void disposition: Interpreting Companies Act

by GilesFiles | Sep 30, 2021 | 2020 onwards, Appeals, Appeals - leave, Associations/corporates, Costs, Courts, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Manufacturing, Orders, Parties, Private enterprises, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Pride Milling Company (Pty) Ltd v Bekker NO Validating void disposition considered by SCA which also decided “that given the effect of s 341(2), a party approaching a court and seeking that the court order otherwise would...

Disposition without value: Exception and ‘value’?

by GilesFiles | Sep 11, 2020 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Special pleas, Statutory, Topics | 0 |

Strydom NO v Snowball Wealth (Pty) Ltd Disposition without value or ‘not made for value’ interpretated by High Court in context of an exception to the pleadings and on the facts the disposition was clearly not for...

Mora interest: Only from date of judgment

by GilesFiles | Oct 26, 2015 | 2015, Causes and defences, Courts, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Sectors, Supreme Court of Appeal, Topics | 0 |

Griffiths v Janse van Rensburg NO (20269/2014) [2015] ZASCA 158; [2015] JOL 34524 (SCA) (26 October 2015) per Gorven AJA (Shongwe, Pillay and Saldulker JJA concurring): The Supreme Court of Appeal disallowed the appeal. SCA...

Tag: disposition without value

Disposition without value: Satisfied demand guarantee?

Validating void disposition: Interpreting Companies Act

Disposition without value: Exception and ‘value’?

Mora interest: Only from date of judgment