n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - The evergreen topic of Locus Standi and Security Cessions : and : case comments

Volume 21, Issue 3
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



Should Levinsohn DJP and Boruchowitz AJA stoop to read this discussion of their respective judgments in (2008 (2) SA 156 (D)) and (2009 (1) SA 493 (SCA)), the former would, I hope, say that I am a clever academic, and the latter probably: 'well, [s]he's a pampoen' (cf PM Nienaber & Ellison Kahn (eds) 'Reminiscences of Bench and Bar Mainly of the Free State' (2002) 119 SALJ 561 at 576). More likely, however, they will not read it. In these two reported judgments the evergreen topic of locus standi in security cessions reared its ugly head again with, to my mind, disastrous consequences in the Supreme Court of Appeal.

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