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South Africa decisions
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Eckhoff N.O and Others v Van Den Heever and Others (16404/23) [2025] ZAWCHC 47 (11 February 2025)
The High Court referred disputed section 424 claims to trial, dismissed the section 31 motion relief with costs, and found prescription was not fully established.
Supreme Poultry (Pty) Ltd and Others v Williams N.O and Others (6 May 2024) (2022/060092) [2024] ZAGPJHC 471 (6 May 2024)
The High Court ordered liquidators to furnish security for costs in a Rule 47 application, finding a real risk of irrecoverable costs and no reason to refuse interim relief.
Cohen v Absa Bank Limited (1280/2021) [2024] ZASCA 16 (9 February 2024)
The Supreme Court of Appeal held that section 31(2) of the Insolvency Act does not give a surety standing to escape liability after the principal debtor’s liquidation.
Mantis Investments Holdings v De Jager N O (696/2022) [2023] ZASCA 134; 2024 (3) SA 431 (SCA) (18 October 2023)
The SCA held that a Master’s admission of a creditor’s claim under the Insolvency Act stands unless reviewed, and the appellants could not contest ECDC’s proved claim.
Joubert N.O v Soleil Kommadagga (Pty) Ltd and Others (1817/2020) [2023] ZAECMKHC 11 (26 January 2023)
The application was dismissed on multiple grounds. Firstly, the application was a nullity as it was not brought by both duly appointed trustees of the Trust, violating the requirement that joint trustees act together. Secondly, the relief sought by the applicants was not competent in law. The court found that the transfer of the properties to Soleil Kommadagga (Pty) Ltd was not a simulated transaction; the parties intended to transfer ownership, and the applicants could not rely on their own alleged fraudulent conduct to obtain relief. The court held that section 31 of the Insolvency Act did…
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Money Global (Pty) Ltd t/a Aviation Sales International; Cassim N.O and Another v Coetzee WPN N.O and Others (2022-018324) [2022] ZAGPPHC 729 (30 September 2022)
The High Court set aside ex parte orders affecting a Huey helicopter, granted Money Global leave to intervene, and ordered the attachment uplifted.
De Jager N.O and Another v Mantis Investments Holdings (Pty) Ltd and Another (3711/2018) [2021] ZAECGHC 120 (2 December 2021)
The court held that the Master’s acceptance of ECDC’s claim against the company in liquidation constitutes an administrative act with legal effect until set aside on review. This acceptance confers creditor status on ECDC, which is binding in rem and precludes the defendants from revisiting or contesting the indebtedness or the claim in subsequent proceedings unless exceptional circumstances exist. The defendants failed to demonstrate any exceptional circumstances or hardship that would justify deviation from the principle. The court found that the defendants are not lawfully entitled to revi…
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ABSA Bank Limited v Cohen (32870/2012) [2021] ZAGPJHC 386 (9 June 2021)
The High Court held a surety cannot rely on Insolvency Act section 31(2) without successful proceedings to set aside the collusive disposition. Judgment was granted for ABSA.
M and Another v Murray and Others (251/2019) [2020] ZASCA 86; 2020 (6) SA 55 (SCA) (9 July 2020)
The Supreme Court of Appeal held that section 37B of the Pensions Fund Act does not protect pension benefits once paid out to the beneficiary prior to sequestration. The money, once received, becomes part of the beneficiary's ordinary estate and is susceptible to attachment by creditors. The court found that the payments made by Mr M[...] to Mrs M[...] and Iprolog (Pty) Ltd were collusive transactions designed to prejudice creditors, particularly Lowveld, and to prefer Mrs M[...] above other creditors. The divorce was found to be a sham, and the arrangements surrounding the disposition of ass…
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Sasfin Bank Limited and Others v DCB Auto Spares Close Corporation (37622/2015) [2016] ZAGPJHC 347 (5 October 2016)
The High Court dismissed an exception to particulars of claim arising from an invoice discounting agreement and an alleged set-off arrangement.
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