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South Africa decisions
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Sayers v Snaid and Morris Incorporated (130616/2023) [2025] ZAGPJHC 665 (8 July 2025)
The High Court granted a final winding-up order, finding the respondent unlawfully misrepresented liability for fees and pursued inflated execution against a creditor.
Investec Bank Limited v Singh and Another (017911/2023) [2024] ZAGPPHC 690; [2024] 4 All SA 150 (GP); 2025 (1) SA 210 (GP) (15 July 2024)
The Court found that Investec had established a prima facie case for provisional sequestration of the joint estate of Singh and Killick. The joint estate’s liabilities, primarily arising from guarantees provided by Singh in the ordinary course of her business, far exceeded its assets. The Court interpreted section 15(6) of the Matrimonial Property Act to mean that spousal consent was not required for guarantees supplied in the ordinary course of business, even in the presence of fraud, unless the transaction was rescinded on grounds of fraud, which neither party sought. The Court rejected arg…
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Rossgro Feed (Pty) Ltd v Van der Westhuizen (766/2021) [2023] ZALMPPHC 89 (28 September 2023)
The court found that the defendant's special plea of compromise had no merit because the business rescue plan was not implemented and did not bind the liquidator. The defendant, as director of Procprops, placed orders for feed from the plaintiff knowing that Procprops had no credit facility and was not creditworthy. The defendant used Serfontein's account without authority and failed to clarify the arrangement or provide evidence to support his version. The defendant signed an acknowledgment of debt in both his personal and representative capacities, accepting liability should Procprops fail…
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Kipp Consulting Engineers (PTY) Ltd v OLT Engineers and Project Managers (PTY) Ltd (56323/2021; 57319/2021) [2022] ZAGPJHC 953 (7 November 2022)
The High Court granted provisional liquidation against OLT Engineers & Project Managers after finding the applicant had established creditor status and insolvency.
Centaur Mining South Africa (PTY) Ltd v Murray N.O. and Others (37520/2021) [2022] ZAGPJHC 676; 2023 (1) SA 499 (GJ) (12 September 2022)
The court found that the applicant, Centaur Mining South Africa (PTY) Ltd, failed to establish locus standi to seek rescission of the s 20(9) Companies Act order, as its claims were not bona fide but formed part of a fraudulent scheme. The applicant did not seriously contest the respondents' allegations of fraud and failed to engage with the factual matrix. The court held that, even if the applicant had standing, the s 20(9) order was within the jurisdiction of the court, as the Companies Act grants wide powers to make appropriate orders, including collapsing companies into a liquidated entit…
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Jansen v Matsimbe and Another (2503/2022) [2022] ZAGPJHC 506 (4 August 2022)
The court found that the applicant established a prima facie right based on the signed acknowledgment of debt, which the respondents failed to meaningfully dispute. The respondents' bare denial was unsupported by evidence, and their conduct in disposing of pledged assets demonstrated a well-grounded apprehension of irreparable harm. The respondents' constitutional defence under section 25 was not properly raised and lacked factual foundation. The court concluded that the requirements for a final anti-dissipation interdict were met, as the respondents were actively dissipating assets and evadi…
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Currin and Another v Van Zyl NO and Another (A62/2019) [2019] ZAWCHC 98 (7 August 2019)
The High Court dismissed an appeal against a section 424 order, holding the appellants personally liable for conduct that transferred a business to defeat creditors.
Dinath NO and Others v Mukhawana (85785/2017) [2019] ZAGPPHC 71 (7 March 2019)
The High Court granted final sequestration of the respondent’s estate and pierced the corporate veil of his company after finding fraud, insolvency, and creditor advantage.
Legion Lock & Cable CC and Another v Legion Computer Accessories (PTY) LTD and Another (72623/2016) [2018] ZAGPPHC 763 (5 October 2018)
The High Court held Jaco Fourie personally liable after finding he used the trust and company structure to frustrate enforcement of a court-ordered debt.
VBS Mutual Bank (In Liquidation) v Ramavhunga and Others (2018/25062; 2018/25057) [2018] ZAGPJHC 516 (3 August 2018)
The High Court granted provisional sequestration orders against two VBS executives and a third respondent, finding prima facie proof of fraud, insolvency, and creditor benefit.
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