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South Africa Case Law

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Civil Procedure [2020] ZAKZDHC 14

Ameropa Commodities (Pty) Limited v Benchimol N.O and Others (D2873/2019)

Ameropa Commodities (Pty) Limited v Benchimol N.O and Others (D2873/2019) [2020] ZAKZDHC 14 (5 June 2020)

Court
Kwazulu-Natal High Court, Durban
Case number
D2873/2019
Judge
Steyn

The court held that the Registrar of Deeds does not have a direct and substantial interest in the matter and need not be joined, as the order sought does not itself set aside the transfer but declares the alienation fraudulent. The plaintiff was not required to attach the sale agreement, as the cause of action is the alienation of the property in fraud of creditors, and the requirements of the actio Pauliana were properly pleaded. The plaintiff, as a concurrent creditor, has locus standi to invoke the actio Pauliana, seeking restoration of the property to the insolvent estate. The exception w…

Source excerpt

  • Actio Pauliana
  • Fraudulent Alienation
  • Non Joinder
  • Locus Standi
  • Deeds Registries Act
  • Creditor Remedies
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Commercial And Corporate [2013] ZAKZPHC 31

Nulandis (Pty) Ltd v Minister of Finance and Others (10760/12)

Nulandis (Pty) Ltd v Minister of Finance and Others (10760/12) [2013] ZAKZPHC 31; 2013 (5) SA 294 (KZP) (24 May 2013)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
10760/12
Judge
D Pillay

The court held that section 83(4) of the Companies Act 71 of 2008 empowers it to declare the dissolution of a company void, thereby reviving the company as an association of its members for the limited purpose of remedying injustice to creditors. The court does not have the power to order reinstatement of registration; that power is reserved for the Companies and Intellectual Property Commission under section 82(4). The effect of voiding dissolution is that the assets of the company, if any, are no longer bona vacantia and revert to the members. Creditors may pursue claims against the revived…

Source excerpt

  • Companies Act 2008
  • Deregistration And Dissolution
  • Bona Vacantia
  • Creditor Remedies
  • Separation Of Powers
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Commercial And Corporate [2012] ZAKZPHC 78

Fraser NO and Others v Amalgamated Brokers CC (7806/2011)

Fraser NO and Others v Amalgamated Brokers CC (7806/2011) [2012] ZAKZPHC 78 (27 June 2012)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
7806/2011
Judge
D. Pillay

The court found that the respondent received the letter of demand, as evidenced by the post office confirmation and the respondent's lack of denial. Strict compliance with the statutory method of service is unnecessary where the respondent is effectually notified. The respondent failed to pay the debt demanded, satisfying the statutory test for inability to pay debts. The transaction was characterized as a purchase and sale rather than agency, based on the respondent's conduct, documentation, and the levying of VAT. The respondent acted negligently by paying the supplier without adequate veri…

Source excerpt

  • Provisional Liquidation
  • Service Of Demand
  • Agency Vs Sale
  • Negligence In Commercial Transaction
  • Passing Of Risk
  • Creditor Remedies
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.