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
Klein and Others v Sasfin Bank Limited and Others (14639/2019) [2024] ZAGPJHC 1320 (31 December 2024)
High Court trial over an alleged collusive disposition under section 31 of the Insolvency Act failed. The plaintiffs proved undervaluation, but not fraudulent collusion.
Kilotech Investments (Pty) Ltd v De Jongh Ontwikkelings (Pty) Ltd and Another (63945/2013) [2021] ZAGPPHC 342 (18 May 2021)
Leave to appeal was refused in an insolvency matter involving an impeachable disposition and a collusive transfer of property without reciprocal value.
Gore N.O. and Others v Shaff and Others (15766/13) [2013] ZAWCHC 186 (13 December 2013)
The court held that the liquidators' advance payment to ABSA Bank Ltd was made in accordance with established insolvency practice and was not ultra vires or unlawful. Section 409 of the Companies Act does not prohibit such payments to secured creditors whose claims have been proved, provided the liquidator acts responsibly and at his own risk. The practice is justified by the need to limit interest accrual to the prejudice of other creditors. Mrs Wolpe failed to demonstrate any actual prejudice or entitlement to the interim relief sought, nor did she establish that the liquidators acted unrea…
Source excerpt
Explore more
