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South Africa Case Law

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Banking And Finance [2024] ZANWHC 29

De Villiers and Another (M108/2023), Ex parte

De Villiers and Another (M108/2023), Ex parte [2024] ZANWHC 29; [2024] 2 All SA 67 (NWM) (9 February 2024)

The High Court refused rehabilitation of a joint insolvent estate after finding a questionable cession and withdrawal of the only proved claim, and inadequate disclosure.

  • Rehabilitation Of Insolvent Estate
  • Full And Frank Disclosure
  • Creditor Contribution Liability
  • Sequestration Advantage To Creditors
  • Contrived Cession Agreement
  • Rehabilitation-of-insolvent-estate
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Land And Property [2021] ZASCA 33

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)

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
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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.