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South Africa Case Law

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Civil Procedure [2022] ZAWCHC 27

Le Roux v Permasolve Investments (Pty) Ltd (348/2021; 10047/2021)

Le Roux v Permasolve Investments (Pty) Ltd (348/2021; 10047/2021) [2022] ZAWCHC 27 (11 February 2022)

High Court confirmed Le Roux’s final sequestration, dismissed his rescission bid for lack of locus standi, and allowed Gridco’s liquidators to intervene.

  • Sequestration
  • Locus Standi
  • Default Judgment
  • Intervention Application
  • Extension Of Liquidator Powers
  • Act Of Insolvency
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Commercial And Corporate [2014] ZAFSHC 128

Noordman N.O. and Others v Knipe and Another (1906/2014)

Noordman N.O. and Others v Knipe and Another (1906/2014) [2014] ZAFSHC 128 (14 August 2014)

The court found that the Applicants, as provisional liquidators, had incurred substantial administration costs in securing the assets of the companies due to ongoing shareholder disputes and delays in appointing final liquidators. The Respondents' opposition was inconsistent with their prior agreement to the administration costs and safeguarding of the properties. Exceptional circumstances were present, including the prolonged liquidation process, escalating costs, and the necessity to realise assets to pay creditors and administration costs. The court exercised its discretion under sections…

  • Provisional Liquidation
  • Extension Of Liquidator Powers
  • Administration Costs
  • Sale Of Company Assets
  • Fiduciary Duties
  • Exceptional Circumstances
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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.