by Christelle | Oct 15, 2019 | Uncategorized
What is the legal position of a panel beater who affected repairs to an insured’s vehicle and subsequently discovers that the Insured’s claim was actually repudiated? This is exactly what transpired in the matter of McCarthy Retail Ltd v Shortdistance Carriers CC....
by Christelle | Sep 11, 2019 | Uncategorized
Introduction When a company experiences financial difficulties, it may opt to commence business rescue proceedings. The aim of business rescue proceedings is to provide the company with some relief in respect of its financial obligations. Business Rescue Proceedings...
by Christelle | Jul 10, 2019 | Uncategorized
For years some banks, and other creditors have, without prior notice and without immediate knowledge to its customers, deducted money from their savings- and current accounts for amounts owed in terms of their credit card debt. The legal principle banks and creditors...
by Christelle | Jun 12, 2019 | Uncategorized
Within the corporate setting minority shareholders in many instances are placed in a position of vulnerability to oppression by majority shareholders as a result of the imbalance in voting rights. An example of oppressive and prejudicial conduct would be where...
by Christelle | May 15, 2019 | Uncategorized
It has become a common occurrence to see skyscrapers shoot up in residential and commercial areas. Although this seems to be a trend of modern times, one can’t help but wonder whether the relevant considerations are taken into account when such building applications...
by Christelle | Apr 9, 2019 | Uncategorized
In terms of South African law, it is common practice for Debtors and Creditors to negotiate debt and terms of payment on a “without prejudice” basis. In general, parties feel liberated to negotiate without prejudice, due to the fact that these settlement negotiations...
