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South Africa decisions
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Harrison v Gonkgang and Another [2023] ZAGPPHC 439; 447/2021 (14 June 2023)
High Court dismissed an opposed provisional sequestration application, finding the applicant had not shown insolvency on a prima facie basis.
C C v D C (2019/27129) [2020] ZAGPJHC 225 (12 August 2020)
The High Court provisionally sequestrated the respondent's estate, finding a liquidated costs claim, advantage to creditors, and no reason to refuse the order.
Matsepe NO v Plaatjie NO (471/2019) [2020] ZAFSHC 120 (6 July 2020)
The High Court granted a final sequestration order against the Plaatjie Family Trust after finding the statutory requirements met and the opposition unpersuasive.
Vaal Bricks (Pty) Limited and Others v Van der Heever NO and Others (2824/2015) [2017] ZAGPJHC 13 (16 February 2017)
The court found that the Flor Trust was indebted to the applicants and that its liabilities exceeded its assets, rendering it insolvent. The respondents' tender of payment was conditional and did not discharge the debt. The trustees lacked knowledge of the Trust's affairs and failed to provide credible evidence to refute the applicants' claims. The financial statements and reconstructed loan accounts prepared by Zeelie de Kock Auditors were accepted as reliable. The court adopted the findings of Masipa J, who previously held that the applicants had locus standi and that sequestration would be…
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Seaways (Pty) Ltd t/a South African Express Line v Rubin (31419/2010) [2013] ZAGPJHC 118 (24 May 2013)
Appeal upheld against refusal of final sequestration. The court found a reasonable prospect that sequestration could benefit creditors through possible voidable-disposition challenges.
Levin NO and Others v Wessels (49214/2007) [2011] ZAGPPHC 115 (10 June 2011)
The High Court confirmed a final sequestration order after finding the respondent indebted, insolvent, and unable to show a bona fide dispute or adequate security.
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