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Firstrand Bank Limited t/a First National Bank v Venter (242/2021) [2021] ZAFSHC 113 (10 May 2021)
The High Court granted provisional sequestration against the respondent, finding a prima facie liquidated claim, acts of insolvency, and likely benefit to creditors.
ACME Salvage (Pty) Ltd v Smith Salvage Brokers CC (7271/11) [2012] ZAWCHC 230 (14 November 2012)
The respondent admits indebtedness to the applicant, though disputes the quantum. The alleged duress is unsupported by sufficient detail and lacks particularity, rendering it speculative and not a valid defence. The respondent's tender was conditional and therefore does not constitute payment in law. The court finds that none of the respondent's defences are sustainable, and the applicant has established its entitlement to a provisional winding up order under the relevant statutory provisions.
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