South Africa Case Law

Karl And Sarah Properties (Pty) Limited v Lane N.O and Others (16766/13)

Karl And Sarah Properties (Pty) Limited v Lane N.O and Others (16766/13) [2014] ZAWCHC 139 (30 April 2014)

Court

Western Cape High Court, Cape Town

Case number

16766/13

Judge

Griesel

The court found that the closure of the second meeting of creditors on 19 January 2012 was irregular, invalid, and unlawful, as it occurred before the date to which the meeting had been adjourned and without proper notice to interested parties. This violated statutory requirements of openness and procedural fairness under the Insolvency Act and PAJA. Consequently, the special and general meetings of creditors held on 8 March 2012, which depended on the prior lawful closure of the second meeting, were also invalid. The proof of claims and resolutions adopted at those meetings were set aside. T…

Source excerpt

• Insolvency Act Review
• Liquidator Removal
• Creditors Meeting Procedure
• Administrative Action Delay
• Proof Of Claims
• Mandamus Against Master

Basson NO and Others v Magistrate AK Amos, Stellenbosch Magistrate’s Court and Others (20158/2012, 20157/2012)

Basson NO and Others v Magistrate AK Amos, Stellenbosch Magistrate’s Court and Others (20158/2012, 20157/2012) [2012] ZAWCHC 381 (6 December 2012)

Court

Western Cape High Court, Cape Town

Case number

20158/2012, 20157/2012

Judge

Baartman

The High Court reviewed a magistrate’s ruling that trustees were barred from voting for not lodging trust resolutions 24 hours before a liquidation meeting.

• Winding Up Of Companies
• Trustee Representation
• Powers Of Attorney
• Regulation 12 Companies Act
• Creditors Meeting Procedure
• Liquidation-meetings

Steelnet (Zimbabwe) Limited v Master of the High Court Johannesburg and Others (2007/463)

Steelnet (Zimbabwe) Limited v Master of the High Court Johannesburg and Others (2007/463) [2008] ZAGPHC 185 (24 June 2008)

Court

High Courts - Gauteng

Case number

2007/463

Judge

Jajbhay

Review of a master’s decision at a creditors’ meeting to admit proof of claims; the court set aside the decision and sent the matter back for reconsideration.

• Review Of Master's Decision
• Proof Of Claims In Insolvency
• Natural Justice
• Promotion Of Administrative Justice Act
• Creditors Meeting Procedure
• Locus Standi