South Africa Case Law

Standard Bank Of South Africa Limited v Master Of The High Court, Johannesburg and Others (012167/2022)

Standard Bank Of South Africa Limited v Master Of The High Court, Johannesburg and Others (012167/2022) [2023] ZAGPJHC 981 (1 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

012167/2022

Judge

Twala M L

The court found that the Master failed to comply with the peremptory requirements of section 45(3) of the Insolvency Act and section 407 of the Companies Act. The liquidators did not properly lodge a dispute in writing nor provide reasons for disputing the applicant's proven claim. The Master, as an administrative authority, was obliged to furnish adequate reasons for expunging the claim but failed to do so. The respondents, as creditors, lacked standing to initiate the objection process under section 45(3). The applicant's claim was prima facie proven at a special creditors meeting, and the…

Source excerpt

• Insolvency Act Section 45
• Companies Act Section 407
• Expungement Of Claims
• Administrative Action
• Cession And Factoring Agreement
• Liquidation Distribution Account

Tuhf Limited v Master of the High Court Bloemfontein and Others (337/2023)

Tuhf Limited v Master of the High Court Bloemfontein and Others (337/2023) [2023] ZAFSHC 258 (4 July 2023)

Court

Free State High Court, Bloemfontein

Case number

337/2023

Judge

Van Rhyn

The court found that the Master's directive allowing a 10% fee for the sale of the property as a going concern was arbitrary and unsupported by adequate reasons. The property was not sold as a going concern, as it was not advertised or agreed to be sold as such, and the sale agreement did not include transfer of business assets or goodwill. The majority of tenants were non-paying or illegal occupants, and the property generated insufficient income to sustain a business. The correct tariff for liquidator remuneration was 3% for the sale of immovable property, subject to the Master's discretion…

Source excerpt

• Liquidator Remuneration
• Companies Act Section 407
• Sale Of Immovable Property
• Going Concern
• Master Review
• Tariff B Application

Van Rensburg N.O and Another v Master of the High Court, Pretoria and Another (56029/18)

Van Rensburg N.O and Another v Master of the High Court, Pretoria and Another (56029/18) [2020] ZAGPPHC 73 (14 February 2020)

Court

North Gauteng High Court, Pretoria

Case number

56029/18

Judge

BC Wanless

The High Court ordered the Master to perform statutory duties on objections to a liquidation account, and made no costs order in the main application.

• Liquidation And Distribution Account
• Mandatory Interdict
• Costs De Bonis Propriis
• Companies Act Section 407
• Role Of Master In Winding Up
• Attorney Conduct