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In the Ex Parte Application of David Makopole Mashengwama (2305/2021) [2021] ZALMPPHC 41 (28 July 2021)
The court held that failure to file a statement of affairs at the local magistrate’s office under the Insolvency Act is a material defect, not a formal irregularity.
C C v D C (2019/27129) [2020] ZAGPJHC 225 (12 August 2020)
The High Court provisionally sequestrated the respondent's estate, finding a liquidated costs claim, advantage to creditors, and no reason to refuse the order.
Gravato N.O v Cloete (10136 / 2015) [2016] ZAGPPHC 207 (18 March 2016)
The court dismissed a voluntary surrender application for defective section 4(3) compliance and failure to make full and frank disclosure of assets.
Ex Parte: Gouws en Anders (50139/12 ,9904/13 ,9915/13 ,15891/13) [2013] ZAGPPHC 134 (31 May 2013)
The court found that the applicants, all represented by the same firm, had engaged in a practice of rounding off the total liabilities in their asset registers to produce round figures, purportedly for readability. This practice was confirmed by affidavit and was found to be unacceptable, as it compromised the accuracy and reliability of the information presented to the court and creditors. The court emphasized that the Insolvency Act requires precise disclosure of all debts and assets, and that ex parte applicants must act with utmost good faith, making full and truthful disclosure of all re…
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Smith v National Urban Reconstruction and Housing Agency and Others (2831/2012) [2013] ZAKZDHC 24 (22 May 2013)
The court found that although section 9(4A)(a)(iv) of the Insolvency Act requires the furnishing of the petition to the debtor, the order for substituted service was made and complied with, and the judge who granted it must have considered the circumstances and dispensed with strict service. The applicant failed to show any prejudice resulting from the alleged non-service, and did not disclose when he became aware of the sequestration proceedings, undermining his bona fides. The court held that substantial compliance with the statutory requirements was achieved, and that the applicant did not…
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Retief v Du Preez t/a Ardu Transport (11845/05) [2005] ZAGPHC 84 (19 August 2005)
The court found that the applicant failed to comply with the mandatory requirements of section 9(4A)(a) and (b) of the Insolvency Act by not furnishing notice of the sequestration application to the respondent's employees and SARS, nor filing the required affidavit of service. The statutory provisions are peremptory, and non-compliance is fatal to the validity of the application. The absence of notice constitutes a serious breach of the audi alteram partem rule, as the interests of employees and SARS are directly affected by sequestration. The court held that the provisional order was imprope…
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