Medshield Medical Scheme and Another v Alumni Trading 264 (Pty) Ltd and Others (86425/2014) [2017] ZAGPPHC 977 (15 December 2017)
Court
North Gauteng High Court, Pretoria
Case number
86425/2014
Judge
M Senyatsi
The High Court set aside a Medshield trademark sale and assignment, finding it unnecessary, not in the Scheme’s interests, and beyond the curator’s proper authority.
Lemmer N.O v Master of the High Court, Cape Town and Others (15789/2015) [2016] ZAWCHC 16 (2 March 2016)
Court
Western Cape High Court, Cape Town
Case number
15789/2015
Judge
J Cloete
The court held that the applicant’s locus standi derives from her appointment as interim curator, which confers the right to approach the court for extension of powers in the interests of the estate. The court’s inherent jurisdiction allows it to grant supplementary powers to an interim curator where necessary for the preservation and advantage of the estate, especially when there is likely to be a delay in appointing an executor. The applicant has a sufficient interest in finalising the litigation, as only then can her appointment terminate and the estate be wound up. The Master’s refusal to…
National Director of Public Prosecutions v Firstrand Bank Limited and Others (77499/09) [2010] ZAGPPHC 100 (26 August 2010)
Court
North Gauteng High Court, Pretoria
Case number
77499/09
Judge
Tuchten
The court held that POCA and the restraint order did not limit curators, in their personal capacities, from borrowing money from FNB to fund curatorships.
Executive Officer, Financial Services Board v Ovation Global Investment Services (Pty) Ltd and Others (2197/2007) [2007] ZAWCHC 33; 2008 (3) SA 69 (C); [2007] 4 All SA 741 (C) (14 June 2007)
Court
Western Cape High Court, Cape Town
Case number
2197/2007
Judge
Dlodlo
The High Court confirmed curatorship over Ovation companies, approving wide curatorial powers and allowing costs and remuneration to be paid from investor assets if company assets were insufficient.
Vaal Reefs Exploration and Mining Company v Burger (264/97) [1999] ZASCA 67; [1999] 4 All SA 253 (A) (21 September 1999)
Court
Supreme Court of Appeal
Case number
264/97
Judges
Van Heerden, Grosskopf, Harms, Marais, Streicher
The Supreme Court of Appeal held that the respondent, as curatrix of her husband, was empowered by the court order to cede the fixed deposit and bind the joint estate as surety for the contractor's obligations. The statutory requirement for written consent under section 15 of the Matrimonial Property Act did not apply in this exceptional case, as the respondent's authority derived from the curatorship order, not from her status as spouse. The court found that the cession and suretyship were valid and binding on the joint estate, as the respondent had the requisite authority to act. The court…
