All Phone Solutions (Pty) Ltd and Another v Goldblatt (2022/049298) [2025] ZAGPJHC 274 (13 March 2025)

All Phone Solutions (Pty) Ltd and Another v Goldblatt (2022/049298) [2025] ZAGPJHC 274 (13 March 2025)

The court found that the applicants were duly authorised to institute and prosecute the sequestration proceedings, supported by resolutions and ratification. The respondent's challenge to Mr. Goodman's locus standi was misplaced, as he was merely the deponent and not a litigant. The respondent's disputes regarding the applicants' status as creditors and the identity of the true debtor were not genuine or bona fide, given documentary evidence and admissions. The respondent admitted to the unlawful nature of the agreement and failed to provide any credible evidence of solvency. The WhatsApp exchanges constituted acts of insolvency under the Insolvency Act. The court was satisfied that...

Citation
[2025] ZAGPJHC 274
Parties
Applicant: All Phone Solutions (Pty) Ltd; Applicant: Come Back Corp (Pty) Ltd; Respondent: Bradley Goldblatt
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
13 March 2025
Case Number
2022/049298
Procedural Posture
Urgent Application / Application for Confirmation of Provisional Sequestration Order
Outcome
The rule nisi is confirmed and the respondent's estate is placed under final sequestration.
Judges
De Oliveira
Legal Topics
Sequestration, Locus Standi, Authority of Attorneys, Fraudulent Misrepresentation, Advantage to Creditors
Civil Procedure Commercial and Corporate Sequestration Locus Standi Authority of Attorneys Fraudulent Misrepresentation Advantage to Creditors

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Parties

All Phone Solutions (Pty) Ltd

Applicant

Come Back Corp (Pty) Ltd

Applicant

Bradley Goldblatt

Respondent

Procedural Posture

Urgent Application / Application for Confirmation of Provisional Sequestration Order

Legal Issues

  1. 1 Whether the applicants duly authorised the institution and prosecution of the sequestration proceedings.
  2. 2 Whether the applicants have the requisite locus standi as true creditors of the respondent.
  3. 3 Whether the respondent is the true debtor or whether Cellular Data Invest (Pty) Ltd is the true debtor.

Ratio Decidendi

The court found that the applicants were duly authorised to institute and prosecute the sequestration proceedings, supported by resolutions and ratification. The respondent's challenge to Mr. Goodman's locus standi was misplaced, as he was merely the deponent and not a litigant. The respondent's disputes regarding the applicants' status as creditors and the identity of the true debtor were not genuine or bona fide, given documentary evidence and admissions. The respondent admitted to the unlawful nature of the agreement and failed to provide any credible evidence of solvency. The WhatsApp exchanges constituted acts of insolvency under the Insolvency Act. The court was satisfied that...

Court Disposition

The rule nisi is confirmed and the respondent's estate is placed under final sequestration.

Orders

  • The rule nisi dated 6 December 2022, revived on 12 December 2023 and extended from time to time, is hereby confirmed.
  • The estate of the respondent is placed under final sequestration in the hands of the Master of this Court.