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South Africa Case Law

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Civil Procedure [2019] ZAGPJHC 498

Wing Dai Trading Company v Leong (14/29338)

Wing Dai Trading Company v Leong (14/29338) [2019] ZAGPJHC 498 (5 December 2019)

The High Court confirmed a provisional sequestration order, finding the respondent indebted, evasive about residence, and unable to rely on set-off.

  • Final Sequestration
  • Insolvency Act Requirements
  • Set Off
  • Locus Standi
  • Advantage To Creditors
  • Final-sequestration
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Banking And Finance [2016] ZAGPPHC 490

Fuls and Others (28761/16; 36624/16; 36626/16; 36636/16), Ex parte

Fuls and Others (28761/16; 36624/16; 36626/16; 36636/16), Ex parte [2016] ZAGPPHC 490; 2016 (6) SA 128 (GP) (23 June 2016)

The High Court dismissed ex parte voluntary surrender applications, holding that the applicants failed to show advantage to creditors and had not disclosed debt review options under the NCA.

  • Voluntary Surrender Of Estate
  • Advantage To Creditors
  • National Credit Act
  • Debt Review
  • Insolvency Act Requirements
  • Voluntary-surrender-of-estate
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Civil Procedure [2015] ZAGPPHC 952

Stodel v Nedbank Limited (47597/2014)

Stodel v Nedbank Limited (47597/2014) [2015] ZAGPPHC 952 (5 November 2015)

The High Court dismissed an opposed voluntary surrender application, finding the debtor had not shown an advantage to creditors and had insufficient realisable assets.

  • Voluntary Surrender
  • Insolvency Act Requirements
  • Secured Creditor Preference
  • Dividend Calculation
  • Voluntary-surrender
  • Insolvency-act
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Civil Procedure [2015] ZAGPPHC 250

Plotz v Mass (59206/2013)

Plotz v Mass (59206/2013) [2015] ZAGPPHC 250 (2 April 2015)

The High Court granted provisional sequestration against the respondent after finding an unpaid divorce-related judgment debt and compliance with the Insolvency Act.

  • Provisional Sequestration
  • Insolvency Act Requirements
  • Judgment Debt Enforcement
  • Settlement Agreement
  • Acts Of Insolvency
  • Provisional-sequestration
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Civil Procedure [2013] ZAGPJHC 153

Mota-Engil South Africa (Pty) Ltd v Barnard (04725/13)

Mota-Engil South Africa (Pty) Ltd v Barnard (04725/13) [2013] ZAGPJHC 153 (30 April 2013)

The High Court granted provisional sequestration after finding a prima facie debt, an act of insolvency, and no bona fide defence to the alleged misappropriation.

  • Provisional Sequestration
  • Act Of Insolvency
  • Factual Insolvency
  • Creditor Status
  • Insolvency Act Requirements
  • Provisional-sequestration
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Land And Property [2009] ZAGPPHC 1

Bouwer and similar applications (56240/08), Ex parte

Bouwer and similar applications (56240/08), Ex parte [2009] ZAGPPHC 1 (3 March 2009)

The court refused 25 voluntary-surrender applications after finding inadequate disclosure, sketchy insolvency reasons, and unreliable property valuations.

  • Voluntary Surrender
  • Insolvency Act Requirements
  • Advantage To Creditors
  • Valuation Of Assets
  • Full Disclosure
  • Expert Evidence
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