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South Africa Case Law

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Civil Procedure [2025] ZAGPPHC 702

Khammissa v Tselana N.O and Others (2025/025127)

Khammissa v Tselana N.O and Others (2025/025127) [2025] ZAGPPHC 702 (4 July 2025)

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.

  • Insolvency Act Section 152
  • Jurisdiction Of Master
  • Locus Standi
  • Interdictory Relief
  • Abuse Of Process
  • Insolvency-law
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Civil Procedure [2023] ZAGPJHC 611

Divaris and Another v Master of the High Court Johannesburg and Others (046772/2023)

Divaris and Another v Master of the High Court Johannesburg and Others (046772/2023) [2023] ZAGPJHC 611 (1 June 2023)

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…

  • Insolvency Act Section 152
  • Witness Fees Tender
  • Summons Validity
  • Waiver Of Rights
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Civil Procedure [2019] ZAFSHC 165

Van der Walt and Others v Magistrate of the District Court Hoopstad and Others (2845/2018)

Van der Walt and Others v Magistrate of the District Court Hoopstad and Others (2845/2018) [2019] ZAFSHC 165 (13 September 2019)

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.

  • Insolvency Act Section 152
  • Conflict Of Interest
  • Review Of Administrative Action
  • Fiduciary Duties Of Trustee
  • Warrants Of Arrest
  • Subpoena Powers
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Civil Procedure [2002] ZASCA 53

Nedcor Bank Ltd and Others v Master of The High Court and Others (1) (111/2001)

Nedcor Bank Ltd and Others v Master of The High Court and Others (1) (111/2001) [2002] ZASCA 53 (29 May 2002)

The Supreme Court of Appeal corrected a per incuriam costs order, withdrawing it and substituting an order dismissing the appeal with costs.

  • Costs Order
  • Winding Up
  • Insolvency Act Section 152
  • Costs-order
  • Winding-up
  • Insolvency-act-section-152
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Civil Procedure [2002] ZASCA 54

Nedcor Bank Ltd and Others v Master of The High Court and Others (2) (111/2001)

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)

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.

  • Insolvency Act Section 152
  • Close Corporations Liquidation
  • Confidential Enquiry
  • Companies Act Section 339
  • Insolvency-act-section-152
  • Close-corporations-liquidation
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