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Cited for the definition of a trust as a legal institution sui generis.
Cited for the principle that a trust is not a legal person but a legal relationship of a special kind.
Applied to establish that a trust can only act through its trustees and that trustees must act jointly to bind the trust estate in the absence of a contrary…
Cited for the principle that mootness is not an absolute bar to deciding an issue where the interests of justice require it be decided.
Cited for the proposition that the relationship between a bank and its customer is one of debtor and creditor.
Cited for considerations applicable to business rescue proceedings.
Court distinguishes this decision which held summons can constitute a demand, finding it does not apply to the reporting requirements of the insurance policy…
The court cites Kubyana for the proposition that one of the main aims of the NCA is to enable previously marginalised people to access credit, which must be…
Applied for principles of statutory interpretation.
Applied to establish that the use of a mark in conjunction with another word does not constitute use of an identical mark.
Supreme Court of Appeal decision interpreting Barkhuizen; held that Barkhuizen is authority for the proposition that where a constitutional value is limited by…
Applied to explain the purpose of a s 129 notice as establishing a framework for resolving disputes without recourse to courts.
Mentioned for its differing approaches in majority and minority judgments on ratification, which the court notes should be considered when the issue of…
Applied the principle that compliance with s 129(1)(a) notice is compulsory before legal proceedings can commence.
Applied for the principle that joinder is called for whenever a party has a direct and substantial interest in the outcome of litigation.
Court considers whether a technical defect due to manifest error causing no prejudice to the defendant can be overlooked in summary judgment proceedings.
Applied to establish that in a delictual action based on fraudulent misrepresentation, it is sufficient that the representee acted upon the false…
Cited for the principle that the fact that a party has decided not to empower certain actions cannot change the meaning of the Act and Regulation.
Cited for the proposition that the National Credit Act's purposes are connected to the Constitution's commitment to achieving equality, establishing this…
Court cites the majority judgment for the principle that a loan prohibited by section 226 is void ab initio and incapable of ex post facto ratification.
Court applies the principle that consumers may not unreasonably ignore the consequences of electing to receive notices at a nominated address where they will…
Considered as one of various High Court interpretations of Jaftha with inconsistent outcomes.
Applied for the principle that section 83 imposes a peremptory and unequivocal duty upon a creditor who disposes of security, and a liquidator does not have a…
Cited to support that our courts do not endorse an approach that elevates form above substance.
Cited for confirming the approach that statutory interpretation must consider text, context and purpose simultaneously.
Cited in relation to the issue of potential infringement if 'Premier' is registered and used by another bank.
Cited in support of the fraud exception to the autonomy of payment guarantees.
Considered for the principle that an application for leave to execute against a deceased estate's property in terms of section 30(b) is premature if section 29…
Cited to explain that Barkhuizen did not hold that enforcement of contractual terms must be fair and reasonable where no public policy consideration is…
Cited for the principle that in cases of implied representation by conduct, the enquiry is whether the implication can be said to be justified.
Considered as an earlier decision expressing support for the outright cession with pactum fiduciae theory, now overtaken by the pledge theory.
Cited for the rule that a matter which is not intrinsic to the mark and has no trade mark significance must be excluded from the comparison.
Court distinguishes the Beningfield exception allowing beneficiaries to claim in exceptional circumstances where executor cannot or will not act, finding no…
Cited for the proposition that subordinate legislation may not be used to interpret primary legislation.
Cited as an example where courts have set their face against placing form above substance.
The court cites this Constitutional Court judgment for the principle that delivery of a s 129 notice is peremptory and deals with delivery of s 129 notices.
Cited for principles applicable to interpreting written documents as a whole having regard to context and background.
Cited for the proposition that an outsider dealing with a trust has a manifest interest in ensuring trustees have authority to encumber trust property, also…
The court applies this case for the principle that a stipulation against cession is part and parcel of the agreement creating the right, and the right is…
Cited in connection with the preceding WCC judgment on the same matter concerning the doctrine of legality and demolition orders.
The court cited this case for the principles of statutory interpretation requiring a sensible meaning to be preferred.
Cited by the SCA for the proposition that motive for exercising a contractual power is generally irrelevant, but applicants submit that Bredenkamp recognises…
One of the conflicting single-judge decisions holding that proof of postage to the correct address constitutes compliance for purposes of sections 129(1) and…
Cited for the principle that the value of demeanour evidence should not be exaggerated.
Applied for the principle that in assessing whether defendant has been enriched by payment, account must be taken of any performance rendered by defendant…
Court applies the caution that ordinary meaning and clear language may not be discarded and interpretation is not divination; courts must respect separation of…
Cited for the principle that a court has discretion to determine a moot matter if the interests of justice require it.
Applied to establish the elements of the condictio indebiti and the requirement that mistake must be reasonable and excusable.
The Labour Appeal Court judgment is followed for the proposition that a review court must not substitute its own view and that the test requires the result to…
Court applies this case to interpret the effect of notice of termination in suretyship for indefinite period regarding liability for amounts owing prior to…
Cited for the principle that words in statutes are to be given their ordinary general meaning that will apply to all cases falling within the ambit of the…
Applied to clarify Sebola and confirm that a credit provider must show on balance of probabilities that the section 129 notice reached the consumer and that…
Court applies Harms DP's interpretation that enforcement of a valid contractual term need not be fair and reasonable if no public policy consideration found in…
Court cites this case on the principles of statutory interpretation, that the logical point of departure is the language of the provision itself in light of…
The Constitutional Court granted leave to appeal to clarify the interpretation of section 129 of the National Credit Act and the application of its previous…
Applied to explain the purpose of section 129(1) of the National Credit Act as facilitating consensual resolution of credit agreement disputes and balancing…
Cited for the principle that in assessing enrichment, account must be taken of any performance rendered by the defendant juridically connected with receipt of…
Cited for the proposition that the lack of clarity in the drafting of the National Credit Act has been bemoaned, and that the Act must be interpreted to give…
Cited for the proposition that the main objective of the NCA is to protect consumers, but the interests of credit providers should not be minimised or…
Appeal from Gihwala AJ's decision granting summary judgment and finding mortgagee's power limited by banking practices; appeal dismissed.
Court applies the principle that the magistrates' court has no jurisdiction and powers beyond those granted by the Act.
Cited for the principle that interpretation involves considering the text, context, and purpose of a provision.
Applied for the principle that motive is generally irrelevant in the exercise of a contractual right and that reasonableness and fairness are not freestanding…