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South Africa decisions
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Van Dyk v Donnovan Theodore Majiedt Inc and Another (4070/2021) [2021] ZAFSHC 246 (22 October 2021)
The court dismissed an intervening creditor’s urgent bid to reconsider a s 18(3) insolvency order, finding no locus standi and no basis for Rule 6(12)(c) relief.
Klein NO and Others v Levick and Others; In Re Levick and Another v Master of the High Court, Johannesburg and Others (40681/2019; 41368/2019; 526/2020; 13811/2020; 12492/2020) [2020] ZAGPJHC 306 (23 November 2020)
The court found that the provisional trustees had established good cause for the authority sought under s18(3) of the Insolvency Act. The trustees demonstrated urgency and reasonable grounds for opposing the review proceedings and instituting the counter application, which seeks to secure the attendance and cooperation of the witnesses at the s152 enquiry. The trustees' participation is necessary to protect the interests of the creditors, especially given the relief sought in the review applications, which could prejudice the estate. The court held that the trustees have locus standi to oppos…
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Rayman and Another v Murray N.O and Another (25888/2015) [2016] ZAGPPHC 757 (22 August 2016)
The High Court refused leave to appeal against an eviction order, finding no reasonable prospects of success and dismissing complaints about postponement and trustee substitution.
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