Khammissa v Tselana N.O and Others (2025/025127) [2025] ZAGPPHC 702 (4 July 2025)
Court
North Gauteng High Court, Pretoria
Case number
2025/025127
Judge
Mbongwe
The High Court dismissed an urgent interdict seeking to stop a section 152 insolvency inquiry, finding the applicant lacked standing and the case was an abuse of process.
Divaris and Another v Master of the High Court Johannesburg and Others (046772/2023) [2023] ZAGPJHC 611 (1 June 2023)
Court
South Gauteng High Court, Johannesburg
Case number
046772/2023
Judge
C E Thompson
The court held that the summons issued under section 152(2) of the Insolvency Act was invalid due to the failure to tender the prescribed witness fees. The authorities binding on the court require strict compliance with the tariff, and a defective tender renders the summons liable to be set aside. The respondents' attempt to distinguish the matter on the basis of waiver or remote evidence was rejected, as waiver was neither pleaded nor established, and the applicants' conduct did not amount to acceptance of the defective process. The court found no basis for costs de bonis propriis, as the re…
Van der Walt and Others v Magistrate of the District Court Hoopstad and Others (2845/2018) [2019] ZAFSHC 165 (13 September 2019)
Court
Free State High Court, Bloemfontein
Case number
2845/2018
Judges
L.B.J. Moeng, N.M. Mbhele
Review of a section 152 insolvency enquiry failed; the court upheld the Master’s subpoenas, the magistrate’s exclusion of counsel for conflict, and the arrest warrants.
Nedcor Bank Ltd and Others v Master of The High Court and Others (2) (111/2001) [2002] ZASCA 54; 2002 (5) SA 132 (SCA) (29 May 2002)
Court
Supreme Court of Appeal
Case number
111/2001
Judges
Lewis, Hefer, Zulman, Brand, Nugent
The Supreme Court of Appeal held that section 152 of the Insolvency Act applies to close corporations in liquidation, and dismissed the appeal with costs.