Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Zoomlion Capital South Africa (Pty) Ltd v Ferreira and Another (1710/2023) [2024] ZAECQBHC 78 (10 December 2024)
The High Court granted provisional sequestration of the respondents’ joint estate, finding a liquidated claim, factual insolvency, and likely benefit to creditors.
J.J v A.J (4041/2019) [2020] ZAFSHC 4 (9 January 2020)
The court found that the applicant's half share in the property was the only meaningful asset for creditors, but the respondent had a prior personal right to the property under a court-sanctioned Deed of Settlement. The respondent's ongoing payment of the bond and her status as primary resident, together with her children, meant that sequestration would unjustly prejudice her rights and potentially result in eviction. The court emphasized the constitutional right to adequate housing and the need to consider alternatives such as debt review under the National Credit Act. The applicant failed t…
Source excerpt
Nedbank Limited v Master of the High Court and Another (43581/16) [2019] ZAGPJHC 393 (31 October 2019)
The court held that the Supreme Court of Appeal and Constitutional Court judgments in Diener are binding and dispositive of the central issue. Sections 135(4) and 143(5) of the Companies Act 71 of 2008 do not create a super-preference for the business rescue practitioner’s claim for remuneration and expenses over secured creditors. Instead, the BRP’s claim is a preferential claim against the free residue, ranking ahead of post-commencement financiers and unsecured creditors, but not ahead of pre-business rescue secured creditors. The Master’s reliance on the Murgatroyd judgment was misplaced,…
Source excerpt
Explore more
