Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Harrison v Gonkgang and Another [2023] ZAGPPHC 439; 447/2021 (14 June 2023)
High Court dismissed an opposed provisional sequestration application, finding the applicant had not shown insolvency on a prima facie basis.
First Rand Bank Ltd v Van der Walt (Cargill RSA (Pty) Ltd intervening) (4918/2017) [2018] ZAFSHC 173 (27 November 2018)
The High Court confirmed the final sequestration of a farmer’s estate, finding he was factually insolvent, creditors had standing, and sequestration would benefit creditors.
Afgri Bedryfs Beperk v Gribnitz (61152/2012) [2014] ZAGPPHC 186 (3 April 2014)
The court found that the respondent was factually insolvent, as he failed to pay substantial amounts due under various credit agreements and instalment sale agreements, and his denials were not substantiated by credible evidence. The applicant's locus standi was established through valid cession agreements. Prescription was interrupted by acknowledgment of liability, and the defence of reckless lending was rejected due to thorough credit assessments based on information provided by the respondent. The court held that service of the application on the respondent's employees was reasonably like…
Source excerpt
Vincemus Investments (Pty) Ltd t/a Kempston Finance v Kaye and Another (20498/2012) [2013] ZAWCHC 15 (6 February 2013)
The High Court granted provisional sequestration, finding an undisputed liquidated arrears claim, prima facie actual insolvency, and likely benefit to creditors.
Nedbank v Andrews and Another (240/2011) [2011] ZAECPEHC 29 (10 May 2011)
The High Court dismissed Nedbank’s application for provisional sequestration, finding it had not proved the first respondent’s actual insolvency.
Standard Bank of South Africa Ltd v Van Zyl and Another (6112/2009) [2009] ZAWCHC 157 (23 October 2009)
The court held that the applicant failed to establish either an act of insolvency or actual insolvency on the part of the first respondent. The emails relied upon by the applicant did not constitute an admission of inability to pay, but rather indicated a willingness to make arrangements for payment. The court found that the proper method for valuing the respondent's assets is market value, not forced sale value. On the respondent's market valuations, his assets exceeded his liabilities, and the dispute between the parties' valuations was genuine and could not be resolved on the papers. Accor…
Source excerpt
Explore more
