Maree and Another v Bobroff and Another (2016/32219) [2017] ZAGPJHC 116 (7 March 2017)

Maree and Another v Bobroff and Another (2016/32219) [2017] ZAGPJHC 116 (7 March 2017)

The court found that there was a sufficiently substantial coincidence of interests between the respondents to justify their joinder in the sequestration application. The applicants established a prima facie claim for provisional sequestration, showing that the respondents are jointly and severally liable for debts arising from settlement agreements made orders of court, by operation of section 19(3) of the Companies Act and section 23 of the Attorneys Act. The respondents' departure from South Africa, liquidation of assets, and absence were found to be acts of insolvency under section 8(a) of the Insolvency Act, with the dominant intention inferred as evasion or delay of debt payment. The...

Citation
[2017] ZAGPJHC 116
Parties
Applicant: Christine Marie Maree; Applicant: Yasmin Morara; Respondent: Ronald Bobroff; Respondent: Darren Rodney Bobroff
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
7 March 2017
Case Number
2016/32219
Procedural Posture
Urgent Application / Provisional Sequestration Application
Outcome
Provisional sequestration orders granted against both respondents' estates.
Judges
Theron AJ
Legal Topics
Provisional Sequestration, Personal Liability Company, Act of Insolvency, Creditor Advantage, Joinder of Debtors
Civil Procedure Commercial and Corporate Provisional Sequestration Personal Liability Company Act of Insolvency Creditor Advantage Joinder of Debtors

Case Brief

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Parties

Christine Marie Maree

Applicant

Yasmin Morara

Applicant

Ronald Bobroff

Respondent

Darren Rodney Bobroff

Respondent

Procedural Posture

Urgent Application / Provisional Sequestration Application

Legal Issues

  1. 1 Whether the joinder of both respondents in one sequestration application constitutes a fatal misjoinder.
  2. 2 Whether the applicants have established a prima facie claim for provisional sequestration under the Insolvency Act.
  3. 3 Whether the respondents committed acts of insolvency as contemplated by section 8(a) of the Insolvency Act.

Ratio Decidendi

The court found that there was a sufficiently substantial coincidence of interests between the respondents to justify their joinder in the sequestration application. The applicants established a prima facie claim for provisional sequestration, showing that the respondents are jointly and severally liable for debts arising from settlement agreements made orders of court, by operation of section 19(3) of the Companies Act and section 23 of the Attorneys Act. The respondents' departure from South Africa, liquidation of assets, and absence were found to be acts of insolvency under section 8(a) of the Insolvency Act, with the dominant intention inferred as evasion or delay of debt payment. The...

Court Disposition

Provisional sequestration orders granted against both respondents' estates.

Orders

  • The estate of Ronald Bobroff is placed under provisional sequestration.
  • Ronald Bobroff and any other party wishing to avoid a final order must advance reasons on 8 May 2017.