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South Africa Case Law

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Banking And Finance [2022] ZAKZPHC 49

Stewart N.O and Others v Pillary N.O and Another (8855/2017P)

Stewart N.O and Others v Pillary N.O and Another (8855/2017P) [2022] ZAKZPHC 49 (16 September 2022)

The High Court set aside 101 payments made by Carmol Distributors to a trust as voidable dispositions and ordered repayment with interest and costs.

  • Voidable Dispositions
  • Insolvency Act Section 26
  • Ponzi Scheme
  • Banking Regulation
  • Trust Liability
  • Burden Of Proof
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Banking And Finance [2016] ZAKZDHC 18

Stuart N.O and Others v Moolla N.O and Others (2816/2016, 2817/2016, 2818/2016, 2819/2016, 2820/2016, 2821/2016, 2822/2016)

Stuart N.O and Others v Moolla N.O and Others (2816/2016, 2817/2016, 2818/2016, 2819/2016, 2820/2016, 2821/2016, 2822/2016) [2016] ZAKZDHC 18 (29 April 2016)

The High Court granted provisional sequestration orders against seven trusts linked to Carmol Distributors, finding business rescue had not properly commenced.

  • Insolvency Act
  • Provisional Sequestration
  • Banking Regulation
  • Actio Pauliana
  • Business Rescue
  • Service Of Process
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Civil Procedure [2010] ZAGPJHC 87

Cloete NO and Others v Basson and Others (61907/09)

Cloete NO and Others v Basson and Others (61907/09) [2010] ZAGPJHC 87 (4 October 2010)

High Court reconsidered an ex parte urgent order and amended it to soften asset restraints, allowing reasonable living, legal, and business expenses.

  • Rule 6 12 C Reconsideration
  • Mareva Injunction
  • Audi Alteram Partem
  • Harmful Business Practices
  • Banking Regulation
  • Rule-6-12-c-reconsideration
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Banking And Finance [2010] ZAGPPHC 116

Botha NO and Another v Gazit Properties (EDMS) Beperk (6575/08)

Botha NO and Another v Gazit Properties (EDMS) Beperk (6575/08) [2010] ZAGPPHC 116 (15 September 2010)

The court set aside payments made by an insolvent company to a lender as voidable preferences, finding they were not in the ordinary course of business.

  • Insolvent Estate
  • Voidable Preference
  • Ordinary Course Of Business
  • Banking Regulation
  • Illegal Contract
  • Return Of Payments
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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.