South Africa Case Law

Standard Bank of South Africa Limited v Master of the High Court, Bloemfontein and Others (2423/2023)

Standard Bank of South Africa Limited v Master of the High Court, Bloemfontein and Others (2423/2023) [2025] ZAFSHC 9 (28 January 2025)

Court

Free State High Court, Bloemfontein

Case number

2423/2023

Judges

Mhlambi, Opperman

Leave to appeal was granted to the Supreme Court of Appeal in a review over objections to an insolvent estate account and a disputed attorney fee claim.

• Insolvency Act Review
• Leave To Appeal
• Liquidation Distribution Account
• Double Dipping
• Legal Costs Claims
• Leave-to-appeal

Umbane Technology CC v Master of the High Court of SA Pretoria Division and Others (14471/18)

Umbane Technology CC v Master of the High Court of SA Pretoria Division and Others (14471/18) [2021] ZAGPPHC 50 (9 February 2021)

Court

North Gauteng High Court, Pretoria

Case number

14471/18

Judge

Collis

The court found that the Master's rejection of the applicant's claim was procedurally unfair and not supported by cogent reasons. The applicant's claim was prima facie sufficient for admission, and the Master failed to provide adequate explanation for his reversal of position during the meeting. The Master was obliged, under section 44(7) of the Insolvency Act, to allow the applicant an opportunity to present further evidence or to postpone the meeting for that purpose. The absence of a detailed report from the Master left the court unable to assess the validity of the rejection. Accordingly,…

Source excerpt

• Insolvency Act Review
• Proof Of Claims
• Administrative Action
• Creditors Meeting
• Liquidation Proceedings

CWT Aquarius Shipping International (Pty) Ltd and Others v Master of the High Court, Gauteng local Division, Johannesburg and Others (37425/2014)

CWT Aquarius Shipping International (Pty) Ltd and Others v Master of the High Court, Gauteng local Division, Johannesburg and Others (37425/2014) [2017] ZAGPJHC 454 (29 September 2017)

Court

South Gauteng High Court, Johannesburg

Case number

37425/2014

Judge

Windell

The court found that the applicants were not 'aggrieved persons' as required by section 151 of the Insolvency Act, as the admission of Mayfair's claim did not infringe any of their legal rights. The liquidator's authority to institute proceedings against the applicants was not conditional on Mayfair being a proved creditor, and the applicants retained the right to contest the validity of Mayfair's claim in subsequent litigation. The constitutional challenge to section 40(1) of the Insolvency Act and section 364(2) of the Companies Act was declined on the basis that it was not ripe for determi…

Source excerpt

• Insolvency Act Review
• Proof Of Claims
• Locus Standi
• Constitutional Challenge
• Notice To Creditors
• Liquidator Powers

Karl And Sarah Properties (Pty) Limited v Lane N.O and Others (16766/13)

Karl And Sarah Properties (Pty) Limited v Lane N.O and Others (16766/13) [2014] ZAWCHC 139 (30 April 2014)

Court

Western Cape High Court, Cape Town

Case number

16766/13

Judge

Griesel

The court found that the closure of the second meeting of creditors on 19 January 2012 was irregular, invalid, and unlawful, as it occurred before the date to which the meeting had been adjourned and without proper notice to interested parties. This violated statutory requirements of openness and procedural fairness under the Insolvency Act and PAJA. Consequently, the special and general meetings of creditors held on 8 March 2012, which depended on the prior lawful closure of the second meeting, were also invalid. The proof of claims and resolutions adopted at those meetings were set aside. T…

Source excerpt

• Insolvency Act Review
• Liquidator Removal
• Creditors Meeting Procedure
• Administrative Action Delay
• Proof Of Claims
• Mandamus Against Master

Van Zyl NO and Others v Master of the High Court of South Africa, Western Cape High Court and Another (2876/2012)

Van Zyl NO and Others v Master of the High Court of South Africa, Western Cape High Court and Another (2876/2012) [2012] ZAWCHC 361 (26 November 2012)

Court

Western Cape High Court, Cape Town

Case number

2876/2012

Judge

Davis

The court found that the claim by Great Force Investments was based on simulated transactions and perjured evidence, as established by uncontested facts from the section 417 inquiry and admissions by key witnesses. The evidence showed collusion to convert Great Force from a concurrent to a secured creditor through backdated and false documentation. The Master failed to apply the correct legal standard, which requires expungement of claims where there is a reasonable belief, based on facts, that the claim is not genuine. The court held that the Master should have disallowed the claim and left…

Source excerpt

• Insolvency Act Review
• Expungement Of Claim
• Simulated Transactions
• Perjury In Proof Of Claim
• Liquidation Procedure

Tongaat Paper Company (Pty) Ltd v Master of the Kwazulu-Natal High Court, Pietermaritzburg and Other (9986/2009)

Tongaat Paper Company (Pty) Ltd v Master of the Kwazulu-Natal High Court, Pietermaritzburg and Other (9986/2009) [2010] ZAKZPHC 52; [2011] 1 All SA 438 (KZP) ; 2011 (2) SA 17 (KZP) (15 September 2010)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

9986/2009

Judge

Sishi

The court held that the plaintiff, as the alleged owner of assets sold by the liquidators, is a 'person aggrieved' within the meaning of section 151 of the Insolvency Act and thus has locus standi to seek review of the Master's decision. The review under section 151 is not confined to proved creditors or claims arising prior to liquidation; it extends to any person with a legal grievance arising from the Master's decision. The plaintiff's claim regarding ownership of the assets sold is a sufficient legal interest to sustain the action. The court found no merit in the liquidators' reliance sol…

Source excerpt

• Insolvency Act Review
• Locus Standi
• Liquidation And Distribution Account
• Ownership Dispute

PG Bison Limited v Johannesburg Glasswork (Pty) Ltd and Others (7026/05 , 7026/05)

PG Bison Limited v Johannesburg Glasswork (Pty) Ltd and Others (7026/05 , 7026/05) [2006] ZAGPHC 48; 2006 (4) SA 535 (W) (17 May 2006)

Court

High Courts - Gauteng

Case number

7026/05

Judge

M Jajbhay

The court found that the applicant had unreasonably delayed in instituting review proceedings against the Master's expungement of its claim, having been aware of the expungement and the reasons for it for over a year before approaching the court. The delay caused prejudice to other creditors and was not justified by the applicant's alleged lack of notification. On the merits, the court held that the Master acted within his powers under section 45(3) of the Insolvency Act by expunging the claim based on the liquidator's report that it constituted a voidable disposition. The Master did not purp…

Source excerpt

• Insolvency Act Review
• Liquidation And Distribution Account
• Voidable Disposition
• Suretyship
• Administrative Action Delay