Astra Constantine Inc v Jones and Another (25801/2024) [2025] ZAWCHC 238 (3 June 2025)

Astra Constantine Inc v Jones and Another (25801/2024) [2025] ZAWCHC 238 (3 June 2025)

The applicant established a liquidated claim against the first respondent through a court judgment and subsequent cost orders, which remain unpaid and uncontested. The first respondent committed an act of insolvency by failing to satisfy the writ of execution and declaring under oath that he owns no immovable property. Despite claims of factual insolvency, the first respondent's recent transactions—including the sale of immovable property resulting in unaccounted proceeds of R9 million, donation of property value to the second respondent, and selective payments to preferred creditors—suggest the existence of recoverable assets or impeachable dispositions. The court found that provisional...

Citation
[2025] ZAWCHC 238
Parties
Applicant: Astra Constantine Inc; Respondent: Alan George Jones; Respondent: Maree Jones
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
3 June 2025
Case Number
25801/2024
Procedural Posture
Urgent Application / Application for Provisional Sequestration
Outcome
Provisional sequestration of the first respondent's estate granted; rule nisi issued; costs stand over for later determination.
Judges
Sipunzi
Legal Topics
Sequestration, Advantage to Creditors, Liquidated Claim, Act of Insolvency, Preferential Payments, Impeachable Dispositions
Banking and Finance Civil Procedure Sequestration Advantage to Creditors Liquidated Claim Act of Insolvency Preferential Payments Impeachable Dispositions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Astra Constantine Inc

Applicant

Alan George Jones

Respondent

Maree Jones

Respondent

Procedural Posture

Urgent Application / Application for Provisional Sequestration

Legal Issues

  1. 1 Whether the applicant has locus standi to bring the sequestration application under section 9(1) of the Insolvency Act.
  2. 2 Whether the first respondent committed an act of insolvency as defined in section 8(b) of the Insolvency Act.
  3. 3 Whether the provisional sequestration of the first respondent's estate will be to the advantage of creditors.

Ratio Decidendi

The applicant established a liquidated claim against the first respondent through a court judgment and subsequent cost orders, which remain unpaid and uncontested. The first respondent committed an act of insolvency by failing to satisfy the writ of execution and declaring under oath that he owns no immovable property. Despite claims of factual insolvency, the first respondent's recent transactions—including the sale of immovable property resulting in unaccounted proceeds of R9 million, donation of property value to the second respondent, and selective payments to preferred creditors—suggest the existence of recoverable assets or impeachable dispositions. The court found that provisional...

Court Disposition

Provisional sequestration of the first respondent's estate granted; rule nisi issued; costs stand over for later determination.

Orders

  • The estate of the first respondent is placed under provisional sequestration in the hands of the Master of the High Court.
  • A rule nisi is issued, calling on the first respondent and all interested parties to appear and show cause on 5 August 2025 why a final order of sequestration should not be granted and why costs should not be determined.