South Africa Case Law

Scania Finance Southern Africa (Pty) Ltd v Mathafeng Investment Holdings (Pty) Ltd (Leave to Appeal) (65023/2020)

Scania Finance Southern Africa (Pty) Ltd v Mathafeng Investment Holdings (Pty) Ltd (Leave to Appeal) (65023/2020) [2024] ZAGPPHC 1162 (12 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

65023/2020

Judge

Ally

The High Court dismissed an application for leave to appeal against a provisional winding-up order, finding no reasonable prospects of success.

• Leave To Appeal
• Provisional Winding Up
• Appealability Of Orders
• Insolvency Act Section 150
• Companies Act Section 339
• Leave-to-appeal

Moodliar N.O and Others v Lawson Tool Distributors (Pty) Ltd (7855/2016)

Moodliar N.O and Others v Lawson Tool Distributors (Pty) Ltd (7855/2016) [2021] ZAWCHC 99; 2022 (2) SA 220 (WCC) (7 May 2021)

Court

Western Cape High Court, Cape Town

Case number

7855/2016

Judge

Bozalek

The court found that the payments made by Vusela to the defendant were regular, consistent, and in accordance with the terms of the credit facility. The evidence showed that Vusela needed building supplies to continue trading and that the payments were made to maintain its business operations, not to prefer the defendant over other creditors. There was no direct evidence of Vusela's intention to prefer, and the relationship between Vusela and the defendant was entirely at arm's length. The court held that the most plausible inference was that Vusela's dominant intention was to keep its busine…

Source excerpt

• Voidable Preference
• Insolvency Act Section 29
• Ordinary Course Of Business
• Intention To Prefer
• Companies Act Section 339
• Burden Of Proof

Roering NO and Others v Nedbank Ltd (2012/12834)

Roering NO and Others v Nedbank Ltd (2012/12834) [2012] ZAGPJHC 183; 2013 (3) SA 160 (GSJ) (4 October 2012)

Court

South Gauteng High Court, Johannesburg

Case number

2012/12834

Judge

FHD Van Oosten

The court held that the bank's right of cancellation under the instalment agreements was incomplete at the time of concursus creditorum because the demand notice had not expired and the right to cancel was suspended for the notice period. As a result, the bank did not acquire a completed right of cancellation before the commencement of winding-up. Upon concursus, section 84(1) of the Insolvency Act applied, divesting the bank of ownership and substituting it with a statutory hypothec. The aircraft therefore fell into the insolvent estate of the company from the date of commencement of winding…

Source excerpt

• Concursus Creditorum
• Instalment Sale Agreements
• Reservation Of Ownership
• Insolvency Act Section 84
• Companies Act Section 339

Nedcor Bank Ltd and Others v Master of The High Court and Others (2) (111/2001)

Nedcor Bank Ltd and Others v Master of The High Court and Others (2) (111/2001) [2002] ZASCA 54; 2002 (5) SA 132 (SCA) (29 May 2002)

Court

Supreme Court of Appeal

Case number

111/2001

Judges

Lewis, Hefer, Zulman, Brand, Nugent

The Supreme Court of Appeal held that section 152 of the Insolvency Act applies to close corporations in liquidation, and dismissed the appeal with costs.

• Insolvency Act Section 152
• Close Corporations Liquidation
• Confidential Enquiry
• Companies Act Section 339
• Insolvency-act-section-152
• Close-corporations-liquidation