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South Africa Case Law

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Commercial And Corporate [2025] ZAGPJHC 681

Pillay v Lopdale Energy (Pty) Ltd (2024/127178)

Pillay v Lopdale Energy (Pty) Ltd (2024/127178) [2025] ZAGPJHC 681 (15 July 2025)

The High Court granted final liquidation of Lopdale Energy (Pty) Ltd after finding it unable to pay its debts and rejecting its defences as not bona fide.

  • Winding Up Of Company
  • Acknowledgement Of Debt
  • Insolvency
  • Genuine And Bona Fide Defence
  • Service Of Process
  • Winding-up-of-company
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Civil Procedure [2025] ZAGPPHC 574

Poisonwood Investments (Pty) Ltd v Meyer Van Der Walt Incorporated and Others (2024-105894)

Poisonwood Investments (Pty) Ltd v Meyer Van Der Walt Incorporated and Others (2024-105894) [2025] ZAGPPHC 574 (6 June 2025)

The court held that trust funds from unit sales were not assets of the insolvent estate, but were payable to Poisonwood Investments, with costs against the liquidators.

  • Declaratory Relief
  • Trust Funds
  • Insolvency
  • Contractual Entitlement
  • Declaratory-relief
  • Trust-funds
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Land And Property [2025] ZAGPJHC 492

Kok v Hill N.O and Others (2024/031287)

Kok v Hill N.O and Others (2024/031287) [2025] ZAGPJHC 492 (20 May 2025)

The High Court dismissed a review aimed at overturning trustees’ repudiation of a property sale after insolvency, finding no procedural irregularity and no vulnerable purchaser status.

  • Alienation Of Land Act
  • Insolvency Act
  • Trustee Discretion
  • Vulnerable Purchaser
  • Review Of Administrative Decision
  • Insolvency
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Banking And Finance [2024] ZASCA 133

Prudential Authority v Dlamini and Another (36/2023)

Prudential Authority v Dlamini and Another (36/2023) [2024] ZASCA 133; [2025] 1 All SA 76 (SCA); 2025 (1) SA 365 (SCA) (2 October 2024)

The SCA held that failure to comply with a Banks Act repayment directive can justify provisional sequestration without separate proof of factual insolvency.

  • Banks Act Section 83
  • Banks Act Section 84
  • Sequestration
  • Prima Facie Insolvency
  • Advantage To Creditors
  • Banks-act
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Civil Procedure [2024] ZAGPJHC 891

Lang v ABSA Bank and Others (079773/2023)

Lang v ABSA Bank and Others (079773/2023) [2024] ZAGPJHC 891 (11 September 2024)

The applicant, Brett Lang, failed to establish locus standi on any of the grounds advanced. As an unrehabilitated insolvent, he lacked the legal capacity to litigate without the trustee's consent and was neither a current director nor shareholder of the companies in question. His reliance on public interest standing under section 38 of the Constitution was unsubstantiated, as he did not demonstrate a sufficient connection to the rights asserted beyond his personal grievance. The relief sought was hypothetical, academic, and framed as a moral judgment rather than a legal determination, lacking…

  • Locus Standi
  • Declaratory Relief
  • Insolvency
  • Director Liability
  • Public Interest Standing
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Civil Procedure [2024] ZANCHC 61

Standard Bank of South Africa Ltd v Tornado Boerdery en Algemene Handelaars CC (131/2022)

Standard Bank of South Africa Ltd v Tornado Boerdery en Algemene Handelaars CC (131/2022) [2024] ZANCHC 61 (12 July 2024)

The High Court granted provisional liquidation against the respondent after finding it financially distressed, unable to pay its debt, and that business rescue had failed.

  • Provisional Liquidation
  • Business Rescue
  • Creditor Claims
  • Provisional-liquidation
  • Business-rescue
  • Insolvency
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Civil Procedure [2024] ZAGPPHC 623

Body Corporate of Old Trafford v Muronzi (016676/2023)

Body Corporate of Old Trafford v Muronzi (016676/2023) [2024] ZAGPPHC 623 (21 June 2024)

The High Court refused final sequestration, finding no practical advantage over execution and special circumstances arising from the risk of homelessness.

  • Insolvency Act Section 12
  • Advantage To Creditors
  • Primary Residence Protection
  • Constitutional Right To Housing
  • Sectional Titles Act Embargo
  • Insolvency
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Civil Procedure [2024] ZAGPPHC 458

Imvula Quality Protection (Africa) Pty (Ltd) v Dontsa Property Investments (Pty) Limited (037680/2023)

Imvula Quality Protection (Africa) Pty (Ltd) v Dontsa Property Investments (Pty) Limited (037680/2023) [2024] ZAGPPHC 458 (16 May 2024)

The court held that payment of the debt did not erase the liquidation application, but the applicant was not the successful party and got no costs.

  • Liquidation Application
  • Costs Award
  • Companies Act Section 345
  • Abuse Of Process
  • Liquidation-application
  • Costs-award
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Civil Procedure [2024] ZAGPJHC 471

Supreme Poultry (Pty) Ltd and Others v Williams N.O and Others (6 May 2024) (2022/060092)

Supreme Poultry (Pty) Ltd and Others v Williams N.O and Others (6 May 2024) (2022/060092) [2024] ZAGPJHC 471 (6 May 2024)

The High Court ordered liquidators to furnish security for costs in a Rule 47 application, finding a real risk of irrecoverable costs and no reason to refuse interim relief.

  • Security For Costs
  • Abuse Of Process
  • Prescription
  • Collusive Disposition
  • Liquidation Proceedings
  • Security-for-costs
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Civil Procedure [2023] ZAGPPHC 2056

Mulaudzi and Another v Cash Crusaders Franchising (Pty) Ltd and Others (29047/2015)

Mulaudzi and Another v Cash Crusaders Franchising (Pty) Ltd and Others (29047/2015) [2023] ZAGPPHC 2056 (5 December 2023)

The High Court granted urgent interim relief stopping creditors’ meeting and estate administration pending a rescission application and SIU investigation.

  • Urgent Interdict
  • Sequestration
  • Insolvency Act
  • Creditors Meeting
  • Rescission Application
  • Urgent-interdict
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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.