South Africa Case Law

Gore NO and Others v Basson NO and Others (13249/12)

Gore NO and Others v Basson NO and Others (13249/12) [2012] ZAWCHC 331 (15 October 2012)

Court

Western Cape High Court, Cape Town

Case number

13249/12

Judge

K M Savage

The court found that the application complied with section 382(1) of the Companies Act, as the subsequent confirmatory affidavit by the second applicant amounted to ratification of the act of launching the application. The powers sought by the provisional liquidators were considered, and the court authorised the applicants to borrow up to R750,000 for specific expenses, finding that the higher amount requested was not justified by the evidence. The court authorised the applicants to bring or defend legal proceedings and to continue any part of the business necessary for winding-up, but reserv…

Source excerpt

• Liquidation Powers
• Ratification Of Liquidator Acts
• Borrowing Authority
• Fiduciary Duties Of Liquidators
• Costs In Liquidation

National Director of Public Prosecutions v Firstrand Bank Limited and Others (77499/09)

National Director of Public Prosecutions v Firstrand Bank Limited and Others (77499/09) [2010] ZAGPPHC 100 (26 August 2010)

Court

North Gauteng High Court, Pretoria

Case number

77499/09

Judge

Tuchten

The court held that POCA and the restraint order did not limit curators, in their personal capacities, from borrowing money from FNB to fund curatorships.

• Asset Forfeiture
• Restraint Order
• Curatorship Powers
• Borrowing Authority
• Asset-forfeiture
• Restraint-order