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Ramodike NO and Another v MGG Productions (Pty) Ltd (38218/2018) [2020] ZAGPJHC 199 (17 August 2020)
Leave to appeal was refused in a dispute about section 46 of the Insolvency Act and whether a set-off occurred in the ordinary course of business.
Muller NNO v Community Medical Aid Scheme (09/549) [2010] ZAGPJHC 31 (30 April 2010)
The court held that the payments made by HMS members for September 2008 were not property of HMS but were received as a custodian on behalf of the respondent, who had undertaken HMS' obligations for that month. The funds were earmarked for the respondent and did not become HMS' property by commixtio. The principles of impeachable transactions under the Companies Act do not apply where the property in question never belonged to the insolvent company. The court relied on the Nissan case to conclude that ownership of funds does not pass where the recipient knows the funds are not due, and HMS ac…
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