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Mantis Investments Holdings v De Jager N O (696/2022) [2023] ZASCA 134; 2024 (3) SA 431 (SCA) (18 October 2023)
The SCA held that a Master’s admission of a creditor’s claim under the Insolvency Act stands unless reviewed, and the appellants could not contest ECDC’s proved claim.
De Montlehu v Mayo N.O and Others (42552/2012) [2014] ZAGPJHC 301; 2015 (3) SA 253 (GJ) (30 April 2014)
The court held that the proviso to section 44(1) of the Insolvency Act applies to the late proof of claims in company liquidation proceedings. Starspan Investments lodged its claim almost five months after the second meeting of creditors without seeking leave from the Master or the Court, and without payment of any sum as directed for late proof. The Master's decision to admit the claim was based on an incorrect interpretation of the law, specifically the reliance on the Stone & Stewart judgment, which the court found to be clearly wrong. The statutory requirement in section 44(1) is perempto…
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