Simoné Engelbrecht
STANDARD BANK OF SOUTH AFRICA LIMITED V KPMM ROAD AND EARTHWORKS (PTY) LTD: HIGH COURT REAFIRMS THE STRENGTH OF GUARANTEES POST-BUSINESS RESCUE
Introduction In a recent high value judgment granted in favour of the Standard Bank of South Africa Limited (“SBSA”), the Johannesburg High Court provided important clarity on the post-rescue enforceability of guarantees and suretyships, and demonstrated the importance of a well-drafted security package. The dispute at a glance Action proceedings were instituted by SBSA against […]
June 26, 2025|
Actio communi dividundo: The judicial partition of co-owned property
It was recently reported in the media that an increasing number of people are opting to buy properties collectively.1 This trend is hardly surprising given the recent hikes in interest rates and the rising costs of living. This has, however, also given rise to a growing number of disputes between co-owners, making the Roman maxim, […]
November 15, 2023