Van Rensburg NO and Others v Botha (18146/2005)
Van Rensburg NO and Others v Botha (18146/2005) [2010] ZAGPPHC 88 (30 July 2010)
The Plaintiffs failed to prove the jurisdictional facts required by Section 29 of the Insolvency Act. There was no evidence that the entities for which the Plaintiffs acted were legal persons capable of insolvency or that they owned the cash disposed of. All payments were made and controlled by Mrs Prinsloo personally, and there was no proof that the Defendant was a creditor of any of the entities. The consolidation order did not create a legal entity nor bind the Defendant, who was not a party to it. The Plaintiffs did not establish that any disposition occurred from an insolvent estate to t…
Source excerpt
- Insolvency Act Section 29
- Multiplication Scheme
- Unlawful Business Practices
- Preferential Payment
- Corporate Persona
- Jurisdictional Facts