South Africa Case Law

Wellington Retreading (Pty) Ltd and Another v Swart and Another (14567/2024)

Wellington Retreading (Pty) Ltd and Another v Swart and Another (14567/2024) [2024] ZAWCHC 292 (8 October 2024)

Court

Western Cape High Court, Cape Town

Case number

14567/2024

Judge

R K Parker

The court found that the Applicants established a prima facie case for sequestration under section 9(1) of the Insolvency Act. The First Respondent's liabilities exceeded her assets, and she failed to provide credible evidence of solvency or to rebut the inference of insolvency. The Applicants' claims were undisputed, and the First Respondent admitted indebtedness but could not pay. The court held that sequestration would be to the advantage of creditors, as there was a reasonable prospect of pecuniary benefit and equitable distribution. The First Respondent's opposition was unsubstantiated a…

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• Insolvency Act Application
• Factual Insolvency
• Advantage To Creditors
• Suretyship Liability
• Provisional Sequestration

Sekgala v Firstrand Bank Limited T/A Firstnational Bank and Others (2023-014203)

Sekgala v Firstrand Bank Limited T/A Firstnational Bank and Others (2023-014203) [2023] ZAGPJHC 203 (7 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-014203

Judge

Windell

The High Court dismissed an urgent application to unfreeze an insolvent applicant’s bank account, holding the trustees were entitled to take control without prior notice.

• Insolvency Act Application
• Trustee Powers
• Bank Account Freezing
• Urgent Interdict
• Sequestration Effects
• Insolvency

Rapp Van Zyl Inc and Others v First Rand Bank and Others (4653/15)

Rapp Van Zyl Inc and Others v First Rand Bank and Others (4653/15) [2022] ZAWCHC 62; [2022] 3 All SA 437 (WCC) ; 2022 (5) SA 245 (WCC) (28 April 2022)

Court

Western Cape High Court, Cape Town

Case number

4653/15

Judge

M Sher

The High Court held that defamatory allegations in an interdict affidavit were actionable and not protected by qualified privilege, making the defendants liable.

• Defamation
• Qualified Privilege
• Abuse Of Process
• Professional Ethics
• Damages Liability
• Insolvency Act Application

Firstrand Bank Limited v Fourie (14892/15)

Firstrand Bank Limited v Fourie (14892/15) [2018] ZAGPJHC 628 (16 November 2018)

Court

South Gauteng High Court, Johannesburg

Case number

14892/15

Judge

Lagrange

The High Court granted Firstrand Bank's application for provisional sequestration, finding the respondent indebted, factually insolvent, and sequestration beneficial to creditors.

• Provisional Sequestration
• Suretyship Liability
• Creditor Preferences
• Insolvency Act Application
• Provisional-sequestration
• Suretyship-liability

Ndubu and Others v First Rand Bank Limited t/a Wesbank (1113/2016)

Ndubu and Others v First Rand Bank Limited t/a Wesbank (1113/2016) [2017] ZASCA 61 (26 May 2017)

Court

Supreme Court of Appeal

Case number

1113/2016

Judges

Lewis, Tshiqi, Majiedt, Swain, Coppin

The court found that none of the three offers to purchase the vehicles were rejected by Wesbank or the liquidators. The first offer was withdrawn before any acceptance or rejection, the second was conditional on finance which was not obtained, and the third was submitted after the vehicles had already been sold. The appellants failed to prove any breach or prejudice by Wesbank that would release them from liability as sureties. The court further held that Wesbank complied with its obligations under the Insolvency Act and that the sale of the vehicles was valid. The appellants' miscellaneous d…

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• Suretyship Liability
• Mitigation Of Damages
• Release Of Surety
• Insolvency Act Application
• Public Policy Defence
• Credit Agreements

Sectional Poles (Pty) Ltd v D and Electrical Projects CC (68223/15)

Sectional Poles (Pty) Ltd v D and Electrical Projects CC (68223/15) [2016] ZAGPPHC 522 (24 June 2016)

Court

North Gauteng High Court, Pretoria

Case number

68223/15

Judge

Naude

The court held that a specific costs order is not required in liquidation proceedings, as the right to costs arises ex lege from the Insolvency Act. The Taxing Master should not refuse to tax a bill of costs simply because the court order does not expressly mention costs. The request to amplify the final liquidation order to include a costs order was refused. The reserved costs from the previous postponement were not awarded due to lack of evidence, and the order reserving those costs remains in place. The court ordered that the costs of the application, including those pertaining to the 20th…

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• Liquidation Costs
• Insolvency Act Application
• Taxation Of Costs
• Practice Directive Interpretation

Limbada NO v Stander (1230/2013)

Limbada NO v Stander (1230/2013) [2014] ZAECPEHC 70 (14 October 2014)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1230/2013

Judge

P.W. Tshiki

The High Court refused a postponement in an eviction matter, finding no valid basis to delay proceedings and that the applicant could proceed with eviction.

• Eviction Proceedings
• Insolvency Act Application
• Postponement Of Hearing
• Leave To Appeal
• Service Of Process
• Eviction

Groenewald Dreyer v Registrar of Deeds, Pretoria and Others (50537/2012)

Groenewald Dreyer v Registrar of Deeds, Pretoria and Others (50537/2012) [2013] ZAGPPHC 116 (16 May 2013)

Court

North Gauteng High Court, Pretoria

Case number

50537/2012

Judge

Makume

The court found that the sale in execution was conducted in full compliance with Rule 46(3) and Rule 46(7)(b), with proper service of notices and adequate description of the property. The subsequent sequestration of Marais did not affect the validity of the sale or transfer, as neither the applicant nor the sheriff was aware of the insolvency at the time of sale and transfer. Section 5(1) of the Insolvency Act was applicable, permitting transfer where the sale preceded notice of surrender. The court rejected the fourth respondent's speculative arguments regarding the sale price and marketing,…

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• Sale In Execution
• Sequestration
• Transfer Of Immovable Property
• Rule 46 Compliance
• Insolvency Act Application

YST Properties CC v Ethekwini Municipality and Others (CC 1948/08)

YST Properties CC v Ethekwini Municipality and Others (CC 1948/08) [2009] ZAKZDHC 23; 2010 (2) SA 98 (D) (19 March 2009)

Court

Kwazulu-Natal High Court, Durban

Case number

CC 1948/08

Judge

Sishi

The court found that the applicant, having a direct and substantial contractual interest in the transfer of the property and having paid the amounts claimed by the municipality, is entitled to compel the municipality to issue the rates clearance certificate. Section 118(1) of the Local Government: Municipal Systems Act does not restrict the applicant for the certificate to the owner alone, and the payment made, even under protest, satisfies the statutory requirement for full payment. The municipality's reliance on section 89(4) of the Insolvency Act is misplaced, as charges for water and elec…

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• Municipal Rates Clearance
• Local Government Municipal Systems Act
• Locus Standi
• Insolvency Act Application
• Transfer Of Property

Firstrand Bank Limited v Master of the High Court and Others (31482/2005)

Firstrand Bank Limited v Master of the High Court and Others (31482/2005) [2006] ZAGPHC 164 (4 April 2006)

Court

High Courts - Gauteng

Case number

31482/2005

Judge

Pretorius

The court held that the Land and Agricultural Development Bank Act, 15 of 2002, applies only to advances made after its commencement date of 10 June 2002. Advances made prior to this date, including those under the repealed 1944 Act, do not qualify for the statutory preference under the new Act. The Landbank cannot establish a preferential right in the insolvent estate without complying with section 33(3)(b) of the 2002 Act, which requires a court order. Mere undertakings by the trustee or reliance on section 90 of the Insolvency Act are insufficient to establish such a right. The Master's de…

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• Preferent Creditor Status
• Liquidation And Distribution Account
• Insolvency Act Application
• Land And Agricultural Development Bank Act
• Statutory Preference
• Court Order Requirement