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South Africa Case Law

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Family And Children [2025] ZAGPPHC 184

P.S.G v L.G (030710-2024)

P.S.G v L.G (030710-2024) [2025] ZAGPPHC 184 (27 February 2025)

The applicant failed to establish any of the jurisdictional grounds required under Rule 42(1) of the Uniform Rules of Court or the common law for variation of a final court order. There was no error, ambiguity, or mistake common to the parties, and the settlement agreement accurately reflected the parties' intentions. The applicant's reliance on S.Z v L.Z was misplaced, as that judgment did not support her case. The court emphasized the importance of finality in litigation and found no exceptional circumstances warranting variation. The application was therefore dismissed as entirely without…

  • Variation Of Court Order
  • Settlement Agreement
  • Appointment Of Liquidator
  • Rule 42 Uniform Rules
  • Costs Punitive Scale
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Civil Procedure [2024] ZAGPJHC 1064

D.E.T v F.T (Leave to Appeal) (158730/2014)

D.E.T v F.T (Leave to Appeal) (158730/2014) [2024] ZAGPJHC 1064 (22 October 2024)

The High Court dismissed an application for leave to appeal concerning appointment of a liquidator in a divorced couple’s joint estate, with costs.

  • Leave To Appeal
  • Division Of Joint Estate
  • Appointment Of Liquidator
  • Divorce Settlement
  • Leave-to-appeal
  • Joint-estate-division
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Family And Children [2023] ZAGPPHC 1845

M.P v P.G.P (52101/2018)

M.P v P.G.P (52101/2018) [2023] ZAGPPHC 1845 (6 November 2023)

The court found that the marriage had irretrievably broken down and that the interests of the minor children were adequately protected through settlement and the involvement of the Family Advocate and social workers. Due to the defendant's failure to fully disclose his financial status, including undisclosed bank accounts, the court was unable to make an equitable order regarding the division of the joint estate without further investigation. Consequently, the appointment of a liquidator was necessary to ensure a fair division. The costs of the divorce, including the liquidator's fees, were a…

  • Divorce Act
  • Division Of Joint Estate
  • Appointment Of Liquidator
  • Parental Responsibilities
  • Maintenance
  • Costs Award
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Commercial And Corporate [2023] ZAMPMBHC 52

Berlein and Another v Salisburg Landy (Pty) Ltd and Another (3330/20)

Berlein and Another v Salisburg Landy (Pty) Ltd and Another (3330/20) [2023] ZAMPMBHC 52 (26 September 2023)

The High Court dismissed a liquidation application for insufficient proof of insolvency, but authorized appointment of a liquidator on the counterapplication.

  • Company Liquidation
  • Delinquent Director Application
  • Just And Equitable Winding Up
  • Appointment Of Liquidator
  • Company-liquidation
  • Appointment-of-liquidator
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Family And Children [2023] ZAGPJHC 836

D.E.T v F.T (158730/2014)

D.E.T v F.T (158730/2014) [2023] ZAGPJHC 836 (27 July 2023)

The Court held that the appointment of a liquidator is not warranted where the dispute between the parties concerns entitlement and distribution proportions, rather than the identification or liquidation of assets. The liquidator's function is administrative and does not extend to resolving substantive disputes over entitlement. Since the parties' disagreement is about what each is entitled to, and not about the mode of liquidation or the existence of assets, the applicant has not made out a case for the appointment of a liquidator. The Court further noted that mediation could be beneficial,…

  • Matrimonial Estate Liquidation
  • Appointment Of Liquidator
  • Post Divorce Asset Distribution
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Family And Children [2023] ZAECMKHC 73

W.J.S v T.J.A and Another (1817/2022)

W.J.S v T.J.A and Another (1817/2022) [2023] ZAECMKHC 73 (30 May 2023)

The High Court declared that the parties remained equal co-owners of an immovable property from their joint estate and appointed a receiver and liquidator.

  • Division Of Joint Estate
  • Community Of Property
  • Alienation Of Land Act
  • Appointment Of Liquidator
  • Division-of-joint-estate
  • Community-of-property
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Family And Children [2023] ZALMPPHC 10

J.T.M v Estate Late M.G.M and Others (6427/2020)

J.T.M v Estate Late M.G.M and Others (6427/2020) [2023] ZALMPPHC 10 (13 March 2023)

A High Court granted relief appointing a liquidator/receiver to divide an undivided joint estate after divorce and death, and ordered estate records and pension details.

  • Division Of Joint Estate
  • Appointment Of Liquidator
  • Administration Of Estates Act
  • Executor Removal
  • Compliance With Divorce Order
  • Division-of-joint-estate
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Family And Children [2020] ZAMPMHC 20

S.Z v L.Z (A4/19)

S.Z v L.Z (A4/19) [2020] ZAMPMHC 20 (22 June 2020)

The High Court dealt with an appeal over a divorce settlement clause on retained matrimonial property and whether a liquidator should be appointed.

  • Settlement Agreement Interpretation
  • Division Of Joint Estate
  • Appointment Of Liquidator
  • Variation Of Court Order
  • Divorce-settlement-interpretation
  • Joint-estate-division
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Civil Procedure [2018] ZAGPPHC 892

Wessels N.O and Others v Master of the High Court, Pretoria and Others (83560/17)

Wessels N.O and Others v Master of the High Court, Pretoria and Others (83560/17) [2018] ZAGPPHC 892 (18 December 2018)

The court dismissed a review seeking to compel the Master to appoint a co-liquidator and convene a Companies Act enquiry in a company liquidation.

  • Liquidation Proceedings
  • Appointment Of Liquidator
  • Judicial Review
  • Locus Standi
  • Master Discretion
  • Liquidation-proceedings
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Family And Children [2018] ZAGPPHC 480

H v H (51099/2007)

H v H (51099/2007) [2018] ZAGPPHC 480 (15 March 2018)

The High Court appointed a liquidator to divide the former spouses’ joint estate and ordered punitive costs after the respondent blocked implementation of prior divorce orders.

  • Division Of Joint Estate
  • Appointment Of Liquidator
  • Settlement Agreement
  • Costs On Punitive Scale
  • Division-of-joint-estate
  • Appointment-of-liquidator
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.