High Court Main Division - 2025 March

5 judgments
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March 2025

Urgent Applications–Rule 73(4)– Applicant must satisfy the requirements of rule 73 (4) of the rules of court for the matter to be heard on an urgent basis – Lack of funds not sufficient reason for delay particularly where steps taken to obtain funding is not set out – A deponent on behalf of a juristic person must establish authority to act on its behalf in the founding affidavit.

7 March 2025

Maintenance Act 9 of 2003 – Section 5(c) – Being satisfied that the person fails or neglects to provide reasonable maintenance is a conclusion to be drawn from the facts on the evidence adduced – Section 16(2) – The nature of a maintenance enquiry is dictated by the case circumstances and facts established by the evidence adduced and the issues arising therefrom.

7 March 2025

Arbitration – Recognition and enforcement of a foreign arbitral award – Recognition and Enforcement of Foreign Arbitral Awards Act 40 of 1977.

 

Company – Winding up – Companies Act 28 of 2004 – Section 350 – Where an arbitral award has not yet been recognised and enforced in terms of applicable legislation, s 350 has no application.

7 March 2025
7 March 2025
3 March 2025