South Africa Case Law

FirstRand Bank Limited v Master of the High Court (Pretoria) and Others (1120/19)

FirstRand Bank Limited v Master of the High Court (Pretoria) and Others (1120/19) [2021] ZASCA 33; 2021 (4) SA 115 (SCA) (7 April 2021)

Court

Supreme Court of Appeal

Case number

1120/19

Judges

Wallis, Saldulker, Dlodlo, Goosen, Mabindla-Boqwana

The Supreme Court of Appeal held that, where free residue is insufficient, the petitioning creditor is solely liable for sequestration costs under the Insolvency Act.

• Insolvency Act Interpretation
• Creditor Contribution Liability
• Sectional Titles Act Application
• Costs Of Sequestration
• Insolvency-act-interpretation
• Sequestration-costs

Matsepe NO v Plaatjie NO (471/2019)

Matsepe NO v Plaatjie NO (471/2019) [2020] ZAFSHC 120 (6 July 2020)

Court

Free State High Court, Bloemfontein

Case number

471/2019

Judge

Opperman

The High Court granted a final sequestration order against the Plaatjie Family Trust after finding the statutory requirements met and the opposition unpersuasive.

• Insolvency Act
• Final Sequestration
• Creditors Advantage
• Costs Of Sequestration
• Insolvency
• Sequestration

Triegaardt N.O. and Another v Knipe (Noordman and Others Intervening) (4606/2016)

Triegaardt N.O. and Another v Knipe (Noordman and Others Intervening) (4606/2016) [2017] ZAFSHC 101 (22 June 2017)

Court

Free State High Court, Bloemfontein

Case number

4606/2016

Judge

Daffue

The High Court granted provisional sequestration of Knipe’s estate at the instance of the Triegaardt Family Trust and dismissed related applications with costs.

• Provisional Sequestration
• Locus Standi
• Deeds Of Insolvency
• Costs Of Sequestration
• Creditor Claims
• Company Liquidation

Nedbank Limited v Spencer and Others (27051/2014)

Nedbank Limited v Spencer and Others (27051/2014) [2015] ZAGPPHC 172 (3 March 2015)

Court

North Gauteng High Court, Pretoria

Case number

27051/2014

Judge

G Webster

The High Court rescinded a sequestration order after finding material non-disclosure in a voluntary surrender application and awarded costs against the first and second respondents.

• Sequestration Rescission
• Advantage To Creditors
• Full And Frank Disclosure
• Costs Of Sequestration
• Sequestration-rescission
• Voluntary-surrender

Ex parte: Kachelhoffer (40832/2014, 38600/2014)

Ex parte: Kachelhoffer (40832/2014, 38600/2014) [2015] ZAGPJHC 319 (23 February 2015)

Court

South Gauteng High Court, Johannesburg

Case number

40832/2014

Judge

Satchwell

The court refused a voluntary surrender application, finding the applicant had not shown sequestration would benefit creditors and costs were disproportionate.

• Voluntary Surrender
• Advantage To Creditors
• Costs Of Sequestration
• Insolvency Act Section 6
• Creditor Prejudice
• Voluntary-surrender

Q.R.E and Another (55075/2014), Ex parte

Q.R.E and Another (55075/2014), Ex parte [2014] ZAGPPHC 919; 2015 (1) SA 540 (GP) (15 October 2014)

Court

North Gauteng High Court, Pretoria

Case number

55075/2014

Judge

Bertelsmann

The court found that the applicants failed to provide an independent and credible valuation of their assets, as the valuator did not physically inspect the items and relied solely on information supplied by the applicants, which is insufficient and open to manipulation. The practice of submitting valuations without personal inspection constitutes an abuse of process and undermines the integrity of voluntary surrender applications. The attorney's representation of his fees as 'taxed' was deemed unacceptable and required further investigation. In light of repeated judicial warnings against such…

Source excerpt

• Voluntary Surrender
• Advantage To Creditors
• Expert Valuation
• Abuse Of Process
• Costs Of Sequestration

First Rand Bank Ltd t/a First National Bank v Naidoo and Another, South African Bank of Athens v Naidoo (3869/2010, 8118/2010)

First Rand Bank Ltd t/a First National Bank v Naidoo and Another, South African Bank of Athens v Naidoo (3869/2010, 8118/2010) [2011] ZAKZDHC 3 (14 February 2011)

Court

Kwazulu-Natal High Court, Durban

Case number

3869/2010, 8118/2010

Judge

K. Swain

The court found that the applicant had established, on a balance of probabilities, that there are reasons for thinking that as a result of enquiry under the Insolvency Act, assets may be revealed or recovered for the benefit of creditors. Discrepancies and omissions in the respondent's statements of assets and liabilities, including undeclared interests in horses and immovable property, supported the conclusion that further investigation could benefit creditors. The respondent's alternative suggestion of interrogation under Section 152 was rejected due to his failure to fully disclose his fin…

Source excerpt

• Final Sequestration
• Advantage To Creditors
• Insolvency Act Section 9
• Statement Of Assets And Liabilities
• Costs Of Sequestration

Muller (4808/09)

Muller (4808/09) [2009] ZAFSHC 117 (12 November 2009)

Court

Free State High Court, Bloemfontein

Case number

4808/09

Judge

Rampai

The court refused a voluntary surrender application because the estate had no free residue and the applicant could not show any real advantage to creditors.

• Voluntary Surrender
• Advantage To Creditors
• Minimum Dividend Requirement
• Free Residue
• Costs Of Sequestration
• Voluntary-surrender