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South Africa Case Law

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Civil Procedure [2017] ZAGPJHC 13

Vaal Bricks (Pty) Limited and Others v Van der Heever NO and Others (2824/2015)

Vaal Bricks (Pty) Limited and Others v Van der Heever NO and Others (2824/2015) [2017] ZAGPJHC 13 (16 February 2017)

The court found that the Flor Trust was indebted to the applicants and that its liabilities exceeded its assets, rendering it insolvent. The respondents' tender of payment was conditional and did not discharge the debt. The trustees lacked knowledge of the Trust's affairs and failed to provide credible evidence to refute the applicants' claims. The financial statements and reconstructed loan accounts prepared by Zeelie de Kock Auditors were accepted as reliable. The court adopted the findings of Masipa J, who previously held that the applicants had locus standi and that sequestration would be…

  • Final Sequestration
  • Insolvency
  • Locus Standi
  • Conditional Tender
  • Creditors Advantage
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Commercial And Corporate [2012] ZAWCHC 230

ACME Salvage (Pty) Ltd v Smith Salvage Brokers CC (7271/11)

ACME Salvage (Pty) Ltd v Smith Salvage Brokers CC (7271/11) [2012] ZAWCHC 230 (14 November 2012)

The respondent admits indebtedness to the applicant, though disputes the quantum. The alleged duress is unsupported by sufficient detail and lacks particularity, rendering it speculative and not a valid defence. The respondent's tender was conditional and therefore does not constitute payment in law. The court finds that none of the respondent's defences are sustainable, and the applicant has established its entitlement to a provisional winding up order under the relevant statutory provisions.

  • Winding Up Of Close Corporation
  • Creditor Liquidated Claim
  • Conditional Tender
  • Duress In Contract
  • Disputed Indebtedness
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.