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South Africa decisions
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ABSA Bank Limited v Loumarles Landgoed (Pty) Ltd (2023/131314) [2025] ZAGPPHC 773 (7 August 2025)
The High Court granted ABSA a provisional winding-up order against Loumarles Landgoed, finding commercial insolvency and rejecting reliance on alternative remedies.
Sayers v Snaid and Morris Incorporated (130616/2023) [2025] ZAGPJHC 665 (8 July 2025)
The High Court granted a final winding-up order, finding the respondent unlawfully misrepresented liability for fees and pursued inflated execution against a creditor.
Standard Bank of South Africa Limited v Snyman De Jager Attorneys and Another (2025/087641) [2025] ZAGPJHC 624 (24 June 2025)
The court found that the applicant, as a sequestrating creditor with a substantial claim against the second respondent, had established a prima facie right to seek preservation of the net proceeds from the sale of the Midstream property. The second respondent's financial distress, refusal to provide assurances, and lack of disclosure regarding her assets gave rise to a legitimate apprehension that the proceeds would be dissipated to the prejudice of creditors. The requirements for an interim interdict were satisfied: the applicant demonstrated a prima facie right, irreparable harm if the proc…
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Aviation Co-Ordination Services (Pty) Ltd v Mango Airlines SOC Limited and Others (2022/058326) [2025] ZAGPJHC 609 (17 June 2025)
The High Court held that a business rescue plan could not compel cession of creditors’ claims to an investor, and declared the plan invalid and unenforceable.
Rent a Tank JHB (Pty) Limited v Fuelgiants (Pty) Limited (2025/012156) [2025] ZAGPJHC 517 (19 May 2025)
The court held that the statutory requirements for effective notice to respondents, employees, and trade unions in liquidation and sequestration applications are mandatory and have been in force for over two decades. The purpose is to ensure that all affected parties are informed and can participate in proceedings that have far-reaching consequences, including the loss of control over assets and the establishment of a concursus creditorum. In the matters before the court, applicants routinely failed to comply with these requirements, relying on service at registered addresses that were not pr…
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Cape Connexions (Pty) Ltd v Wolves Den Farming (Pty) Ltd and Others (9760/2023) [2025] ZALMPPHC 77 (25 April 2025)
The High Court granted business rescue for Wolves Den Farming, finding proper service, bona fide motives, and a reasonable prospect of rescue.
Kaap Agri Boedery v Potgieter (1196/2023) [2025] ZALMPPHC 80 (25 April 2025)
The court found that the business rescue plan adopted and implemented for Somerhoek expressly preserved the plaintiff's right to pursue claims against the defendant as surety, as stated in clause 5.2.2. The deed of suretyship also contained clauses that maintained the surety's liability despite arrangements, compromise, or release of the principal debtor. The general principle that the discharge of the principal debtor releases the surety does not apply where the discharge agreement or the deed of suretyship reserves the creditor's rights against the surety. The court interpreted the business…
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Botha N.O and Others v Master of the High Court and Others (480/2025) [2025] ZAFSHC 118 (4 April 2025)
The High Court suspended the Master’s removal of three liquidators pending review, finding a proper case for interim relief and reserving costs for later.
Firstrand Bank Ltd trading inter alia as First National Bank v Dr Bongani Investments 066 CC (2037/2023) [2025] ZALMPPHC 41 (11 March 2025)
The court found that the respondent was commercially insolvent, as evidenced by its failure to pay debts as they became due and its own admission of substantial outstanding indebtedness. The respondent's intermittent payments did not demonstrate commercial solvency. Statutory service requirements were met, and the points in limine raised by the respondent, including lis alibi pendens and alleged abuse of process, were dismissed as lacking merit. The court held that, in line with prevailing authority, a creditor is entitled to a winding-up order where the respondent is unable to discharge its…
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De Ridder v Coetzer N.O and Others (5896/22) [2025] ZAWCHC 82 (27 February 2025)
The Western Cape High Court dismissed a provisional sequestration application against a family trust for lack of jurisdiction and ordered costs against the applicant.
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