South Africa Case Law

Bester NO and Others v Master of the High Court, Eastern Cape High Court, Port Elizabeth (1558/2012)

Bester NO and Others v Master of the High Court, Eastern Cape High Court, Port Elizabeth (1558/2012) [2013] ZAECPEHC 25 (7 May 2013)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1558/2012

Judge

J W Eksteen

The court held that the applicants, as joint liquidators, were entitled to claim remuneration for assets sold and proceeds collected, as prescribed by tariff B under the Insolvency Act and Companies Act. The Master was required to tax their fees in accordance with the tariff once the proceeds were received, regardless of whether a claim had been proved by a secured creditor. There was no legal basis in the Companies Act, Insolvency Act, or regulations to exclude proceeds from taxation until a claim was proved. The Master's decision to reduce the applicants' fees to nil was materially influenc…

Source excerpt

• Liquidator Remuneration
• Companies Act Section 384
• Administrative Review
• Promotion Of Administrative Justice Act
• Liquidation And Distribution Account

Klopper NO v Master of the High Court (21080/08)

Klopper NO v Master of the High Court (21080/08) [2010] ZAWCHC 22; [2010] 3 All SA 182 (WCC) (19 February 2010)

Court

Western Cape High Court, Cape Town

Case number

21080/08

Judges

Thring, Yekiso

High Court review setting aside the Master’s refusal to exceed tariff remuneration for a liquidator, adopting a referee’s report and awarding punitive costs.

• Liquidator Remuneration
• Review Of Administrative Action
• Punitive Costs Order
• Insolvency Act Tariff
• Companies Act Section 384
• Liquidator-remuneration

Klopper NO v Master of the High Court (2475/2008)

Klopper NO v Master of the High Court (2475/2008) [2008] ZAWCHC 219 (13 June 2008)

Court

Western Cape High Court, Cape Town

Case number

2475/2008

Judges

Thring, Bozalek

The court set aside the Master’s refusal to tax a liquidator’s fees above the tariff and held that good cause existed for remuneration beyond the tariff.

• Liquidator Remuneration
• Companies Act Section 384
• Judicial Review Of Master
• Insolvency Act Tariff
• Promotion Of Administrative Justice Act
• Liquidator-remuneration

Nel N.O and Another v Master of the High Court Eastern Cape and Others (A9/03)

Nel N.O and Another v Master of the High Court Eastern Cape and Others (A9/03) [2004] ZASCA 26; 2005 (1) SA 276 (SCA) (1 April 2004)

Court

Supreme Court of Appeal

Case number

A9/03

Judges

Howie, Harms, Zulman, Jones, Van Heerden

The Supreme Court of Appeal held that the Master’s discretion under section 384(2) of the Companies Act is wide and must be exercised to ensure reasonable remuneration for liquidators, considering all relevant factors including time spent, complexity, and the nature of the estate. The prescribed tariff is a guideline, not an absolute entitlement. The appellants failed to demonstrate that the Master’s decision was arbitrary, capricious, or clearly wrong. The Master gave the appellants multiple opportunities to motivate their claimed fee and considered a range of relevant factors. The court fou…

Source excerpt

• Liquidator Remuneration
• Companies Act Section 384
• Judicial Review Of Master
• Administrative Action
• Promotion Of Administrative Justice Act