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South Africa Case Law

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Banking And Finance [2023] ZAGPJHC 866

Engelbrecht NO and Another v Naidoo and Another (2023 - 066208)

Engelbrecht NO and Another v Naidoo and Another (2023 - 066208) [2023] ZAGPJHC 866 (3 August 2023)

The High Court barred automatic rehabilitation of an insolvent under section 127A(1), finding his non-cooperation and statutory non-compliance justified intervention.

  • Insolvency Act Section 127a
  • Automatic Rehabilitation
  • Trustee Obligations
  • Creditor Prejudice
  • Urgent Application
  • Rehabilitation Conditions
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Civil Procedure [2016] ZAGPPHC 991

Gouws v Draht NO and Others (47609/2015)

Gouws v Draht NO and Others (47609/2015) [2016] ZAGPPHC 991 (28 October 2016)

The High Court dismissed an application to rescind a voluntary surrender order, finding no basis under Rule 42 or common law rescission.

  • Rescission Of Judgment
  • Voluntary Surrender
  • Insolvency Act
  • Locus Standi
  • Creditor Prejudice
  • Rescission-of-judgment
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Commercial And Corporate [2015] ZAGPPHC 545

Winterboer v CX Developers CC and Others (28/7/2015)

Winterboer v CX Developers CC and Others (28/7/2015) [2015] ZAGPPHC 545 (28 July 2015)

The High Court ordered a close corporation wound up after finding deep member deadlock, mistrust, and unresolved allegations that prejudiced creditors.

  • Close Corporation Deadlock
  • Winding Up On Just And Equitable Ground
  • Creditor Prejudice
  • Close-corporation-deadlock
  • Winding-up-on-just-and-equitable-ground
  • Creditor-prejudice
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Banking And Finance [2015] ZAGPJHC 319

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

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

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
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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.