Eugene Bester

Director

Eugene Bester is a Director in our Dispute Resolution practice with experience in general commercial litigation. Eugene specialises in banking litigation and has extensive experience in High Court litigation, mediation and arbitration with an emphasis on banking, property finance related disputes, tender reviews and general contractual claims.

+27 (0)11 562 1173

eugene.bester@cdhlegal.comJohannesburg

Eugene Bester

About Eugene

Areas of expertise

Dispute Resolution Corporate Debt, Turnaround & Restructuring

Insurance Law

Experience

Has represented the Banking Industry in a precedent setting judgement dealing with the constitutionality of s118 of the Municipal Systems Act
Advises a listed REIT in relation to numerous property related disputes
Advises a leading credit provider on numerous disputes dealing with the National Credit Act and the Financial Intelligence Centre Act
Advises a large established and reputable manufacturer and supplier of auto spare parts and accessories for rail and commercial vehicles.
Has represented various clients at the Zondo and Nugent Commissions of Enquiry.

Recognition

The Legal 500 EMEA 2015-2021 recommended Eugene Bester for dispute resolution.

Credentials

Education

BCom LLB, University of Johannesburg
Year of admission as an attorney: 1995

LANGUAGES

English

News

Suspensive conditions: When does prescription begin to run?

Dispute Resolution

Suspensive conditions: When does prescription begin to run?

Prescription in South African law is governed by the Prescription Act 68 of 1969 (Act), which has been in operation for a considerable number of years. Although the Act establishes...

The dispute resolution process explained

Dispute Resolution

The dispute resolution process explained

Civil disputes are an inevitable part of everyday life, affecting not only individuals, but businesses and communities as a whole. An understanding of how to resolve these disputes...

The effect of the accessorial principle on prescription, res judicata, and estoppel

Banking, Finance & Projects

The effect of the accessorial principle on prescription, res judicata, and estoppel

In the matter of Estelle Le Roux and Another v Dielemaar Holdings (Cape) Pty Ltd and Another (414/2023) ZASCA 118, three lease agreements were concluded between a close corporation...

Appealability of a High Court order

Dispute Resolution

Appealability of a High Court order

In the recent case of MEC for Economic Development, Gauteng and Another v Sibongile Vilakazi and Others (783/2023) ZASCA 126, the issue of appealability of a High Court orderwasdebated.

Commissioning affidavits virtually: Yay or nay?

Dispute Resolution

Commissioning affidavits virtually: Yay or nay?

The COVID-19 pandemic was an unprecedented event that required big shifts in how businesses operate, and the legal industry was no different. Court hearings on MS Teams and filing...

Resisting an enrichment claim on the basis of non-enrichment

Dispute Resolution

Resisting an enrichment claim on the basis of non-enrichment

In the recent case of Wamjay Holdings Investments (Pty) Ltd v Auckland Park Theological Seminary (2022/9895) ZAGPJHC 1098; 1 All SA 298 (GJ); 2024 (3) SA 614 (GJ) (2 October 2023),...

Considering applications for special leave to appeal

Dispute Resolution

Considering applications for special leave to appeal

Section 17(3) of the Superior Courts Act 10 of 2013, read with section 16(1)(b), allows for persons dissatisfied with a decision of a full bench, to appeal the decision to the Supreme...

Transacting at arm’s length

Dispute Resolution

Transacting at arm’s length

The Supreme Court of Appeal (SCA), in the recent case of Allied Steelrode (Pty) Ltd v Dreyer and Another ZASCA 181, set aside an order of the Gauteng Division of the High Court, Johannesburg,...

How special is special when determining special leave to appeal?

Dispute Resolution

How special is special when determining special leave to appeal?

In Mosselbaai Boeredienste (Pty) Ltd v OKB Motors CC ZASCA 91, taken on appeal from the Free State Division of the High Court, Bloemfontein, the Supreme Court of Appeal (SCA) considered...

The answer lies in the rules of interpretation

Dispute Resolution

The answer lies in the rules of interpretation

In the recent case of Zoviflo (Pty) Ltd v Prokas and Others (010253/2023) ZAGPJHC 918 (15 August 2023), the essential issue for determination by the Gauteng Division of the High Court, Johannesburg,...

What constitutes “special circumstances” in an application to the Supreme Court of Appeal, for special leave to appeal

Dispute Resolution

What constitutes “special circumstances” in an application to the Supreme Court of Appeal, for special leave to appeal

Section 17(3) read with section 16(1)(b) of the Superior Courts Act 10 of 2013 provides for an application for special leave to appeal to the Supreme Court of Appeal (SCA). According...

Fish cannot sometimes be fowl: The Constitutional Court has the final say

Dispute Resolution

Fish cannot sometimes be fowl: The Constitutional Court has the final say

On 13 July 2021 and 9 November 2021 CDH reported on the judgment of the Supreme Court of Appeal (the SCA), which dealt with two similar judgments, of the Pretoria and Grahamstown High...

To wind up or not to wind up: The narrow discretion of the courts

Corporate Debt, Turnaround & Restructuring

To wind up or not to wind up: The narrow discretion of the courts

In accordance with the so-called “ Badenhorst Rule ” established in the Badenhorst v Northern Construction Enterprise (Pty) Ltd (2) SA 346 (T) judgment, it is trite that winding up...

Piecemeal adjudication of an interim order undesirable unless dismissal thereof is a threat to interests of justice

Dispute Resolution

Piecemeal adjudication of an interim order undesirable unless dismissal thereof is a threat to interests of justice

The question relating to whether an interim order can be subject to an appeal and the circumstances under which an interim order is appealable has resurfaced in the recent Supreme...

Fish cannot sometimes be fowl: Part 2

Dispute Resolution

Fish cannot sometimes be fowl: Part 2

In the first part of this alert, titled Fish cannot sometimes be fowl: Part 1 , we discussed the Supreme Court of Appeal’s (SCA) analysis of whether the High Court could refuse to...

"Is it possible that in 2018 your debts may be written off?"

Dispute Resolution

"Is it possible that in 2018 your debts may be written off?"

"Is it possible that in 2018 your debts may be written off?" Dispute Resolution practice Director, Eugene Bester joined Michael J Avery on Classic Business to discuss this further.

All articles by Eugene

Suspensive conditions: When does prescription begin to run?

Dispute Resolution

Suspensive conditions: When does prescription begin to run?

Prescription in South African law is governed by the Prescription Act 68 of 1969 (Act), which has been in operation for a considerable number of years. Although the Act establishes...

The dispute resolution process explained

Dispute Resolution

The dispute resolution process explained

Civil disputes are an inevitable part of everyday life, affecting not only individuals, but businesses and communities as a whole. An understanding of how to resolve these disputes...

The effect of the accessorial principle on prescription, res judicata, and estoppel

Banking, Finance & Projects

The effect of the accessorial principle on prescription, res judicata, and estoppel

In the matter of Estelle Le Roux and Another v Dielemaar Holdings (Cape) Pty Ltd and Another (414/2023) ZASCA 118, three lease agreements were concluded between a close corporation...

Appealability of a High Court order

Dispute Resolution

Appealability of a High Court order

In the recent case of MEC for Economic Development, Gauteng and Another v Sibongile Vilakazi and Others (783/2023) ZASCA 126, the issue of appealability of a High Court orderwasdebated.

Commissioning affidavits virtually: Yay or nay?

Dispute Resolution

Commissioning affidavits virtually: Yay or nay?

The COVID-19 pandemic was an unprecedented event that required big shifts in how businesses operate, and the legal industry was no different. Court hearings on MS Teams and filing...

Resisting an enrichment claim on the basis of non-enrichment

Dispute Resolution

Resisting an enrichment claim on the basis of non-enrichment

In the recent case of Wamjay Holdings Investments (Pty) Ltd v Auckland Park Theological Seminary (2022/9895) ZAGPJHC 1098; 1 All SA 298 (GJ); 2024 (3) SA 614 (GJ) (2 October 2023),...

Considering applications for special leave to appeal

Dispute Resolution

Considering applications for special leave to appeal

Section 17(3) of the Superior Courts Act 10 of 2013, read with section 16(1)(b), allows for persons dissatisfied with a decision of a full bench, to appeal the decision to the Supreme...

Transacting at arm’s length

Dispute Resolution

Transacting at arm’s length

The Supreme Court of Appeal (SCA), in the recent case of Allied Steelrode (Pty) Ltd v Dreyer and Another ZASCA 181, set aside an order of the Gauteng Division of the High Court, Johannesburg,...

How special is special when determining special leave to appeal?

Dispute Resolution

How special is special when determining special leave to appeal?

In Mosselbaai Boeredienste (Pty) Ltd v OKB Motors CC ZASCA 91, taken on appeal from the Free State Division of the High Court, Bloemfontein, the Supreme Court of Appeal (SCA) considered...

The answer lies in the rules of interpretation

Dispute Resolution

The answer lies in the rules of interpretation

In the recent case of Zoviflo (Pty) Ltd v Prokas and Others (010253/2023) ZAGPJHC 918 (15 August 2023), the essential issue for determination by the Gauteng Division of the High Court, Johannesburg,...

What constitutes “special circumstances” in an application to the Supreme Court of Appeal, for special leave to appeal

Dispute Resolution

What constitutes “special circumstances” in an application to the Supreme Court of Appeal, for special leave to appeal

Section 17(3) read with section 16(1)(b) of the Superior Courts Act 10 of 2013 provides for an application for special leave to appeal to the Supreme Court of Appeal (SCA). According...

Fish cannot sometimes be fowl: The Constitutional Court has the final say

Dispute Resolution

Fish cannot sometimes be fowl: The Constitutional Court has the final say

On 13 July 2021 and 9 November 2021 CDH reported on the judgment of the Supreme Court of Appeal (the SCA), which dealt with two similar judgments, of the Pretoria and Grahamstown High...

To wind up or not to wind up: The narrow discretion of the courts

Corporate Debt, Turnaround & Restructuring

To wind up or not to wind up: The narrow discretion of the courts

In accordance with the so-called “ Badenhorst Rule ” established in the Badenhorst v Northern Construction Enterprise (Pty) Ltd (2) SA 346 (T) judgment, it is trite that winding up...

Piecemeal adjudication of an interim order undesirable unless dismissal thereof is a threat to interests of justice

Dispute Resolution

Piecemeal adjudication of an interim order undesirable unless dismissal thereof is a threat to interests of justice

The question relating to whether an interim order can be subject to an appeal and the circumstances under which an interim order is appealable has resurfaced in the recent Supreme...

Fish cannot sometimes be fowl: Part 2

Dispute Resolution

Fish cannot sometimes be fowl: Part 2

In the first part of this alert, titled Fish cannot sometimes be fowl: Part 1 , we discussed the Supreme Court of Appeal’s (SCA) analysis of whether the High Court could refuse to...

All articles by Eugene

"Is it possible that in 2018 your debts may be written off?"

Dispute Resolution

"Is it possible that in 2018 your debts may be written off?"

"Is it possible that in 2018 your debts may be written off?" Dispute Resolution practice Director, Eugene Bester joined Michael J Avery on Classic Business to discuss this further.

All podcasts by Eugene

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