South Africa Case Law

Lexshell 824 Investments Proprietary Limited v Wiese (8603/2021)

Lexshell 824 Investments Proprietary Limited v Wiese (8603/2021) [2024] ZAGPPHC 691 (19 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

8603/2021

Judge

JA Kok

The court found that the applicant failed to establish a reasonable prospect of advantage to creditors from the sequestration of the respondent's estate. The respondent's assets and liabilities were transparently disclosed, and there was no evidence of irregular or impeachable transactions that would justify an inquiry likely to uncover further assets. The respondent had made payment arrangements with most creditors and was in salaried employment, suggesting that ongoing repayments would yield a greater benefit to creditors than sequestration. The risk of negligible dividends and potential li…

Source excerpt

• Sequestration
• Advantage To Creditors
• Insolvency Act
• Pecuniary Benefit
• Creditor Dividend

Foil Laminators CC and Others v Master of the High Court and Anther (5057/2011)

Foil Laminators CC and Others v Master of the High Court and Anther (5057/2011) [2012] ZAFSHC 29 (9 March 2012)

Court

Free State High Court, Bloemfontein

Case number

5057/2011

Judge

Kruger

The court dismissed a late review of the Master’s confirmation of a liquidation and distribution account, finding no satisfactory delay explanation or basis to reopen it.

• Liquidation And Distribution Account
• Condonation Of Late Application
• Undue Preference
• Creditor Dividend
• Review Of Master Decision
• Liquidation-and-distribution-account