South Africa Case Law

Bowker v Ferreira NO and Another (2109/11)

Bowker v Ferreira NO and Another (2109/11) [2011] ZAECGHC 47 (22 September 2011)

Court

Eastern Cape High Court, Grahamstown

Case number

2109/11

Judge

J.E Smith

The court found that the funds sought by the applicant for legal expenses were almost entirely derived from assets misappropriated from the victim and his close corporation. The applicant admitted substantial indebtedness, and the restrained assets may not be sufficient to cover the outstanding debt. Releasing the funds would result in dissipation of assets to the prejudice of the victim. The applicant had not applied for legal aid, which she would likely qualify for, and instead sought to employ counsel of her own choice using disputed funds. The court held that the applicant is not entitled…

Source excerpt

• Prevention Of Organised Crime Act
• Restraint Order
• Legal Expenses
• Creditor Interests

Fourie (2867/2008), Ex parte

Fourie (2867/2008), Ex parte [2008] ZAKZHC 45; [2008] 4 All SA 340 (D) (1 July 2008)

Court

High Courts - Kwazulu Natal

Case number

2867/2008

Judge

Naidu

The High Court refused an insolvent's rehabilitation application after finding incomplete disclosure, misleading evidence about his fraud conviction, and concerns over future conduct.

• Rehabilitation Of Insolvent
• Director Disqualification
• Fraudulent Conduct
• Creditor Interests
• Rehabilitation-of-insolvent
• Fraud