South Africa Case Law

Bester N.O and Others v Maas N.O and Another (2025-071547)

Bester N.O and Others v Maas N.O and Another (2025-071547) [2025] ZAGPPHC 726 (17 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025-071547

Judge

MNGQIBISA-THUSI

The court found that the applicants failed to provide objective evidence of ongoing dissipation of the Trust's assets and did not adequately explain the delay in launching the urgent application. The urgency was deemed self-created, as the applicants had knowledge of the Trust's identity since 2023 but only instituted urgent proceedings in 2025, despite already having pending action proceedings for the same relief. The applicants did not demonstrate that they would be unable to obtain substantial redress in due course. Consequently, the court declined to hear the matter as urgent and struck i…

Source excerpt

• Provisional Sequestration
• Urgent Application
• Impeachable Disposition
• Insolvency Act Section 26
• Locus Standi
• Lis Pendens

Kilotech Investments (Pty) Ltd v De Jongh Ontwikkelings (Pty) Ltd and Another (63945/2013)

Kilotech Investments (Pty) Ltd v De Jongh Ontwikkelings (Pty) Ltd and Another (63945/2013) [2021] ZAGPPHC 342 (18 May 2021)

Court

North Gauteng High Court, Pretoria

Case number

63945/2013

Judge

N Davis

Leave to appeal was refused in an insolvency matter involving an impeachable disposition and a collusive transfer of property without reciprocal value.

• Insolvency Act Section 26
• Insolvency Act Section 31
• Impeachable Disposition
• Collusive Transaction
• Pre Judgment Interest
• Insolvency

De Wet N.O. and Another v R G and Associates (9406/2017)

De Wet N.O. and Another v R G and Associates (9406/2017) [2018] ZAWCHC 30 (26 February 2018)

Court

Western Cape High Court, Cape Town

Case number

9406/2017

Judge

N P Boqwana

The High Court set aside payments to an attorney’s trust account as impeachable dispositions under the Insolvency Act and ordered repayment to the liquidators.

• Insolvency Act
• Impeachable Disposition
• Voidable Preference
• Liquidation
• Trust Account Misuse
• Insolvency-act

Motala and Seriti NNO v Mineral Loy (Pty) Ltd, Motala and Seriti NNO v Jofida Construction (Pty) Ltd (35649/2009, 35953/2009)

Motala and Seriti NNO v Mineral Loy (Pty) Ltd, Motala and Seriti NNO v Jofida Construction (Pty) Ltd (35649/2009, 35953/2009) [2009] ZAGPPHC 116 (4 August 2009)

Court

North Gauteng High Court, Pretoria

Case number

35649/2009, 35953/2009

Judge

N M Mavundla

Liquidators recovered post-liquidation payments made by Hua Wei Manufacturing to two respondents and the court held the payments void under section 341(2).

• Liquidation Proceedings
• Impeachable Disposition
• Preferential Payment
• Companies Act Section 341
• Interest On Judgment Debt
• Liquidation-proceedings