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South Africa decisions
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Sumeil (Pty) Ltd v Coogal Finance (Pty) Ltd and Another (A120/2022) [2023] ZAFSHC 277 (14 July 2023)
The High Court dismissed an appeal against a monetary judgment, finding no proof that third-party payments discharged the appellant’s debt before liquidation.
Deoraj and Another v Maharaj N.O. and Others (1041/2014) [2014] ZAKZDHC 2 (28 February 2014)
The applicants, as execution purchasers, have established a prima facie prospective right to seek a court direction under s 20(1)(c) of the Insolvency Act for transfer of the property. The evidence shows that the only asset in the insolvent estate is the immovable property and that the bondholder is the sole secured creditor who will benefit from any sale, whether by execution or otherwise. The applicants have expended significant sums on the property and will suffer irreparable harm and hardship if the property is alienated before their rights are determined. The balance of convenience favou…
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Edkins v Registrar of Deeds, Johannesburg and Others (16117/11) [2012] ZAGPJHC 58; 2012 (6) SA 278 (GSJ) (9 March 2012)
The court held that the sale in execution was validly concluded before the publication of the notice of surrender of the insolvent's estate. The applicant, as purchaser, complied with all obligations under the sale agreement and was unaware of the debtor's intention to surrender. Section 5(1) of the Insolvency Act prohibits sales after publication of the notice, but does not prohibit transfer where the sale occurred prior to publication. The trustees' reliance on section 20 was misplaced, as they had no authority over the property at the time of their appointment, and the applicant's right to…
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Fortuin and Others v Various Creditors (A566/2003) [2003] ZAWCHC 66; 2004 (2) SA 570 (C) (1 December 2003)
The High Court upheld an appeal against dismissal of administration order applications, holding the magistrate wrongly required debts to be repaid in full within a reasonable time.
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