Comments on: NCR In Duplum Judgment to be heard by Supreme Court http://www.creditmanagement.co.za/ncr-in-duplum-judgment-to-heard-by-supreme-court/ Wed, 20 Apr 2011 13:31:34 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Brett Bentley http://www.creditmanagement.co.za/ncr-in-duplum-judgment-to-heard-by-supreme-court/#comment-42365 Brett Bentley Thu, 07 Apr 2011 06:47:43 +0000 http://www.creditmanagement.co.za/?p=537#comment-42365 See article on the Supreme Court of Appeal judgment http://www.creditmanagement.co.za/ncr-declarator-appeal-decision-given-by-highest-court/ See article on the Supreme Court of Appeal judgment http://www.creditmanagement.co.za/ncr-declarator-appeal-decision-given-by-highest-court/

]]> By: Brett Bentley http://www.creditmanagement.co.za/ncr-in-duplum-judgment-to-heard-by-supreme-court/#comment-37573 Brett Bentley Tue, 05 Oct 2010 07:51:28 +0000 http://www.creditmanagement.co.za/?p=537#comment-37573 1. The interest is simple interest. 2. The common law in duplum rule applies (as opposed to statutory in duplum in terms of the NCA), i.e. interest can not exceed the capital for the period that payments are not being paid. 1. The interest is simple interest.

2. The common law in duplum rule applies (as opposed to statutory in duplum in terms of the NCA), i.e. interest can not exceed the capital for the period that payments are not being paid.

]]> By: Nobushle Mapondo http://www.creditmanagement.co.za/ncr-in-duplum-judgment-to-heard-by-supreme-court/#comment-37572 Nobushle Mapondo Tue, 05 Oct 2010 05:51:40 +0000 http://www.creditmanagement.co.za/?p=537#comment-37572 I have a few questions and would appreciate views on the following: An Arbitration Award rules that a party to a Training Contract must pay the last instalment of the Training Fee plus interest plus legal costs. The Award is made in 2006, and is upheld on Review in 2009, and in 2010 an Appeal is denied on the grounds that the Appeal was not lodged within a reasonable time. QUESTIONS: 1. is the interest calculated as COMPOUND interest or as SIMPLE interest? 2. Does the In Duplum Rule apply? If so, why? The Training Provider is not a Bank / Financial Institution - does it fall within the definition intended by the Credit Agreements Act? I have a few questions and would appreciate views on the following:

An Arbitration Award rules that a party to a Training Contract must pay the last instalment of the Training Fee plus interest plus legal costs. The Award is made in 2006, and is upheld on Review in 2009, and in 2010 an Appeal is denied on the grounds that the Appeal was not lodged within a reasonable time.

QUESTIONS:

1. is the interest calculated as COMPOUND interest or as SIMPLE interest?

2. Does the In Duplum Rule apply? If so, why? The Training Provider is not a Bank / Financial Institution – does it fall within the definition intended by the Credit Agreements Act?

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