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South Africa Case Law

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Banking And Finance [2018] ZAFSHC 173

First Rand Bank Ltd v Van der Walt (Cargill RSA (Pty) Ltd intervening) (4918/2017)

First Rand Bank Ltd v Van der Walt (Cargill RSA (Pty) Ltd intervening) (4918/2017) [2018] ZAFSHC 173 (27 November 2018)

The High Court confirmed the final sequestration of a farmer’s estate, finding he was factually insolvent, creditors had standing, and sequestration would benefit creditors.

  • Insolvency Act Section 12
  • Creditor Intervention
  • Actual Insolvency
  • Deeds Of Insolvency
  • Advantage To Creditors
  • Sequestration
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Civil Procedure [2017] ZAFSHC 101

Triegaardt N.O. and Another v Knipe (Noordman and Others Intervening) (4606/2016)

Triegaardt N.O. and Another v Knipe (Noordman and Others Intervening) (4606/2016) [2017] ZAFSHC 101 (22 June 2017)

The High Court granted provisional sequestration of Knipe’s estate at the instance of the Triegaardt Family Trust and dismissed related applications with costs.

  • Provisional Sequestration
  • Locus Standi
  • Deeds Of Insolvency
  • Costs Of Sequestration
  • Creditor Claims
  • Company Liquidation
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Civil Procedure [2014] ZAGPPHC 586

Body Corporate Garden v Ekoere (19470/13)

Body Corporate Garden v Ekoere (19470/13) [2014] ZAGPPHC 586 (15 August 2014)

The High Court dismissed an application to sequestrate a unit owner over unpaid levies, finding the proved debt was insufficient and sequestration unjustified.

  • Sequestration Application
  • Default Judgment
  • Outstanding Levies
  • Deeds Of Insolvency
  • Sequestration-application
  • Default-judgment
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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.