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South Africa decisions
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Botha N.O and Others v Van Der Merwe N.O and Another (056043/2023) [2025] ZAGPPHC 413 (17 April 2025)
Liquidators obtained an interim interdict stopping further alienation of an aircraft pending action to set aside its sale, with costs awarded to the applicants.
Mercantile Bank (A Division of Capitec Bank Limited) v Ross (2020/19791) [2021] ZAGPJHC 149 (13 August 2021)
The court found that the applicant established prima facie evidence of the respondent's indebtedness under the suretyship agreements, as the R12 million recovery threshold was not met and the respondent remained liable. The applicant's actions in revoking the respondent's authority and disposing of assets were within its contractual rights and did not constitute breach or repudiation. The respondent's disposal of the Gallo Manor property to his ex-wife was objectively prejudicial to creditors, regardless of his subjective intention, and constituted an act of insolvency under s 8(c) of the Ins…
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Bester N.O and Others v CTS Trailers (Pty) Ltd and Another (4372/2020) [2020] ZAWCHC 186; 2021 (4) SA 167 (WCC) (16 November 2020)
The High Court held that the Master’s approval under section 46 let liquidators disregard a disputed set-off, but referred key payment issues to oral evidence.
Bester NO and Others v CTS Trailers (Pty) Ltd and Another (4372/2020) [2020] ZAWCHC 169 (16 October 2020)
The court held that the Master’s section 46 approval let the liquidators disregard set-off, but factual disputes over a related payment required oral evidence.
Industrial Development Corporation of South Africa Limited v Van Niekerk and Another (42746/13) [2013] ZAGPPHC 436 (28 November 2013)
High Court provisional sequestration order granted over the respondents’ joint estate after finding prima facie insolvency and reason to believe creditors may benefit.
Venter v Sackstein N.O and Others (9229/05) [2008] ZAECHC 75 (26 May 2008)
The court found that the Supreme Court of Appeal in Fourie v Edeling NO and Others, although not making an explicit order regarding reinvestments, accepted as a matter of law that book-entry reinvestments ('roll overs') do not constitute impeachable dispositions under the Insolvency Act. The judgment clarified that the repayment of an investor's capital, even if the underlying scheme was illegal, is not a disposition without value and is made in discharge of an obligation to return the illegal payment. The court rejected the defendants' artificial construction that the 'roll over' referred on…
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McCarthy Ltd. v Gore NO (163/06) [2007] ZASCA 32; [2007] SCA 32 (RSA) ; [2007] 4 All SA 1212 (SCA) ; 2007 (6) SA 366 (SCA) (28 March 2007)
The Supreme Court of Appeal held that the definition of 'trader' in section 2 of the Insolvency Act is confined to the primary business activities of an enterprise and does not extend to incidental activities such as the sale of vehicles or factoring of book debts. The company’s main business was transport haulage, and the sale of vehicles and book debts were merely incidental to that business. The court rejected the liquidator’s argument that substantial incidental activities could render the company a 'trader' under the Act. The trial court erred by adopting an overly broad interpretation o…
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