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South Africa decisions
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Smith N.O and Others v Van Der Ryst (1316/2023) [2024] ZANCHC 11 (9 February 2024)
The High Court granted trustees security for costs in a pending insolvency-related review, reducing the amount to R150,000 and making no costs order.
Master of the High Court, Pretoria and Another v Firstrand Bank Limited (Leave to Appeal) (2022-035973) [2023] ZAGPPHC 1879 (6 November 2023)
The court found that the applicants failed to raise compelling reasons or reasonable prospects of success for leave to appeal. The issues presented were generic and not based on the facts or merits of the case. The review is governed by section 151 of the Insolvency Act, not PAJA. The Master does not possess a general discretion, and the evidence relied upon was direct and not hearsay. No bona fide factual disputes were raised requiring the application of the Plascon-Evans principle. The application for leave to appeal was accordingly dismissed, and costs were awarded against the applicants.
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De Wet and Another v Khammissa and Others (358/2020) [2021] ZASCA 70 (4 June 2021)
The court held that the Master became functus officio after the first liquidator appointment decision, so the later contrary decision was invalid.
Commissioner for the South African Revenue Service v Ramoroka NO and Others (Groenewald Intervening) (4049/2016) [2017] ZAGPPHC 232 (31 May 2017)
The High Court held that the sole member of a liquidated close corporation had locus standi to intervene, based on a reversionary interest in the estate.
Van Zyl N.O and Others v Master of the High Court of South Africa, Western Cape Division, Cape Town and Another (7892/2015) [2016] ZAWCHC 51 (11 May 2016)
The High Court reviewed a Master's refusal to expunge a creditor's claim in liquidation, reduced the claim to R5,610.18, and ordered costs against the creditor.
Quatrotech CC v Magistrate C. Neyt and Another (1607/2013) [2014] ZAFSHC 19 (6 February 2014)
The court found that the applicant failed to provide sufficient evidence of retention of ownership and did not comply with section 44(4) of the Insolvency Act, as no valuation of the alleged security was furnished. The endorsement of the reservation clause on the invoices was deemed unauthentic and not supported by any agreement or contract. The applicant's inconsistent statements in prior proceedings further undermined the credibility of the claim. The magistrate was entitled to reject the claim on these grounds, and the review application was dismissed.
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Nedbank Ltd v Master of the High Court (Witwatersrand Local Division) and Others (5619/08) [2008] ZAGPHC 216 (18 July 2008)
The court held that the Master's decision to institute an enquiry under section 417 of the Companies Act is not administrative action as defined by PAJA, but rather a purely investigative measure that does not determine or affect rights or obligations. The applicant failed to establish a prima facie right to the relief sought, as there was no administrative action in issue. The audi alteram partem rule and procedural fairness requirements do not apply to the Master's decision in this context, given the confidential nature of section 417 enquiries. The special review under section 151 of the I…
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