News & Articles

The idiom, “never throw good money after bad” comes to mind when a creditor considers litigation proceedings against a debtor. Before committing resources to recover debt, the creditor should always consider whether the debtor has the necessary funds to repay the...

A share repurchase agreement is used when a company buys its  shares back from one or more of its shareholders or investors. The buyback is also a tax-efficient way to return money to shareholders. Once shares are repurchased they are considered cancelled, but...

Section 56 (2) of the Consumer Protection Act, No 68 of 2008 reads as follows: “Within six months after the delivery of any goods to a consumer, the consumer may return the goods to the supplier, without penalty, and at the supplier’s risk and expense, if the goods...

WHEN NOT TO INSTITUTE LIQUIDATION PROCEEDINGS AGAINST A CREDITOR. When a company is unable to pay its ordinary day-to-day liabilities, it would generally be considered insolvent.. It would be tempting to action liquidation proceedings against the debtor, but our...

By Gabriel Smit Settlement agreements are a useful alternative to settling a dispute between parties without resorting to litigation or adjudication by a Court. Even if a process of litigation has commenced, the parties can settle the dispute between them before any...

The current continued climate of economic uncertainty, exacerbated by COVID-19 lockdowns, is likely to give rise to an increase in shareholder activism and potential disputes.  Any dramatic reduction in the value of company shares will always be of concern to...

The claiming of storage costs by motor vehicle repairers has been the subject of many a legal dispute in the past. Motor vehicle mechanics and panel beaters alike, often only possess limited space in their workshops and cannot retain motor vehicles which have been...

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....

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...

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...