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South Africa decisions
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Fisher N.O and Others v Geldenhuis (016482/2;016697/24) [2024] ZAGPPHC 386 (25 April 2024)
The High Court granted provisional sequestration orders against Jacoba Magdalena Geldenhuis and Dewald Geldenhuis arising from funds traced to Classic Financial Services One.
Voltex (Pty) Ltd t/a Voltex East Rand v Kriel and Others (39950/19) [2023] ZAGPJHC 1368 (24 November 2023)
The High Court upheld a special plea of res judicata/issue estoppel and dismissed Voltex’s claim with costs, finding the dispute had already been finally determined.
Madima and Others v Ratshitanga and Others (35748/2018) [2019] ZAGPJHC 257 (1 August 2019)
The court found that the plaintiffs' claim was for a liquidated amount in money, as the quantum was clearly set out and ascertainable from the particulars of claim. The defendants' point in limine regarding liquidity was dismissed. The defendants failed to disclose the nature and material facts of any bona fide defence, merely denying the claim without substance. The sale of the La Camargue property at a price far below market value was viewed as an attempt to defraud creditors. The requirements for summary judgment under Rule 32 were met, and the defendants did not avail themselves of the op…
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Steloy Castings (Pty)Ltd and Others v B&K Castings (Pty)Ltd. (49326/2015) [2016] ZAGPPHC 673 (20 July 2016)
The court found that the respondent was established for the sole purpose of evading the creditors of Bernades & Kin Foundry CC and fraudulently acquired its assets without payment. The transaction was structured to defeat the rights of creditors and constituted an alienation in fraudem creditorum, satisfying the requirements for the actio Pauliana and the relevant sections of the Insolvency Act. The applicants had locus standi, having properly indemnified the liquidators. The respondent was deemed the alter ego of the insolvent entity, and the corporate veil was pierced to treat the responden…
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Crots v Crots and Others; In re: Crots v Crots (1816/2015) [2015] ZAFSHC 201 (22 October 2015)
The court granted joinder and amendment in a divorce-related dispute over transfer of assets, finding the added parties had a direct and substantial interest.
Lehane N.O v Lagoon Beach Hotel (Pty) Limited and Others (15678/2014) [2015] ZAWCHC 3 (23 January 2015)
The court held that the applicant, as the Official Assignee of Sean Dunne's bankrupt estate appointed by the Dublin High Court, was entitled to recognition in South Africa. The evidence established that Mr Dunne was domiciled in Ireland at the time of his bankruptcy, as determined by the Irish court, satisfying the requirements for recognition of a foreign trustee. The court found that urgency was justified due to the imminent dissipation of substantial proceeds from the sale of Lagoon Beach Hotel (Pty) Ltd, and that hearsay evidence was admissible in urgent interdict proceedings where the so…
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Visser v Hull and Others (4375/2008) [2009] ZAWCHC 77; 2010 (1) SA 521 (WCC) (21 May 2009)
The court found that the deceased, married in community of property to the Applicant, sold and transferred the jointly owned immovable property without her written consent, in direct contravention of section 15 of the Matrimonial Property Act. The Respondents, as blood relatives and members of a close-knit community, either knew or ought reasonably to have known of the marriage and the necessity for spousal consent. Their failure to make adequate inquiries, coupled with the gross undervaluation of the property, constituted collusion and fraudulent alienation prejudicing the Applicant’s rights…
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Coetzee and Others v Venter NO and Another (A385/2007) [2009] ZAFSHC 4 (26 January 2009)
High Court appeal over whether a notarial lease was a fraudulent transaction aimed at defeating creditors. The appeal was dismissed with costs.
Venter NO and Another v Coetzee and Others (5704/2005) [2006] ZAFSHC 12 (1 June 2006)
The court found that the applicants, as liquidators and creditors of the first respondent, had established all the requirements for the Actio Pauliana. The notarial lease agreement was entered into at a time when the first respondent was aware of investigations into his business and the likelihood of insolvency. The lease placed virtually all his assets beyond the reach of creditors for an extended period, with no genuine consideration provided by the second and third respondents. The timing and circumstances of the transaction, including the involvement of family members and the registration…
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