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South Africa Case Law

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Civil Procedure [2012] ZAGPPHC 171

Ex parte:Bekker and Another (24420/12)

Ex parte:Bekker and Another (24420/12) [2012] ZAGPPHC 171 (11 June 2012)

A High Court dismissed an ex parte application to surrender a married couple’s estate, finding their disclosure incomplete and the valuation evidence unreliable.

  • Insolvency Act Section 3
  • Surrender Of Estate
  • Duty Of Full Disclosure
  • Valuation Of Assets
  • Benefit To Creditors
  • Insolvency
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Civil Procedure [2011] ZAGPPHC 208

Smit v ABSA Bank Ltd, Smit v ABSA Bank Ltd (24086/10, 24088/10)

Smit v ABSA Bank Ltd, Smit v ABSA Bank Ltd (24086/10, 24088/10) [2011] ZAGPPHC 208 (8 November 2011)

High Court dismisses two voluntary surrender applications after finding the applicants failed to show a sufficient dividend to creditors and used defective valuations.

  • Voluntary Surrender
  • Insolvency Act Section 3
  • Creditor Intervention
  • Dividend Requirement
  • Costs Order
  • Voluntary-surrender
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.