Tag: Insolvency Act 26

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...

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...