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PMG Motors Kyalami (Pty) Ltd and Another v Firstrand Bank Ltd, Wesbank Division (866/2013) [2014] ZASCA 180

PMG Motors Kyalami (Pty) Ltd and Another v Firstrand Bank Ltd, Wesbank Division (866/2013) [2014] ZASCA 180

27th November 2014

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  • PMG Motors Kyalami (Pty) Ltd and Another v Firstrand Bank Ltd, Wesbank Division (866/2013) [2014] ZASCA 180
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Summary: Companies in liquidation – Jurisdiction – operation of s 84(2) of the Insolvency Act on claim under the condictio indebiti where payment made in respect of cancelled instalment agreements and vehicles returned pursuant to cancellation – whether factual dispute raised – appropriateness of application proceedings for claim under condictio – whether application premature in light of objection to account in terms of s 111 of the Insolvency Act.

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