Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Klein and Others v Sasfin Bank Limited and Others (14639/2019) [2024] ZAGPJHC 1320 (31 December 2024)
High Court trial over an alleged collusive disposition under section 31 of the Insolvency Act failed. The plaintiffs proved undervaluation, but not fraudulent collusion.
Nesane and Another v Pollock N.O and Others (56445/2020) [2024] ZAGPPHC 1318 (18 December 2024)
The High Court dismissed an application to rescind a default judgment, finding Rule 31(2)(b) inapplicable, Rule 42 unavailable, and no proper defence shown.
Pollock N.O and Others v Nesane and Others [2023] ZAGPPHC 430; 2020/56445 (18 May 2023)
The High Court dismissed a late postponement request and upheld an unopposed section 31 Insolvency Act application, setting aside dispositions and ordering repayment, penalties, interest, and costs.
De Jager N.O and Another v Mantis Investments Holdings (Pty) Ltd and Another (3711/2018) [2021] ZAECGHC 120 (2 December 2021)
The court held that the Master’s acceptance of ECDC’s claim against the company in liquidation constitutes an administrative act with legal effect until set aside on review. This acceptance confers creditor status on ECDC, which is binding in rem and precludes the defendants from revisiting or contesting the indebtedness or the claim in subsequent proceedings unless exceptional circumstances exist. The defendants failed to demonstrate any exceptional circumstances or hardship that would justify deviation from the principle. The court found that the defendants are not lawfully entitled to revi…
Source excerpt
ABSA Bank Limited v Cohen (32870/2012) [2021] ZAGPJHC 386 (9 June 2021)
The High Court held a surety cannot rely on Insolvency Act section 31(2) without successful proceedings to set aside the collusive disposition. Judgment was granted for ABSA.
Kilotech Investments (Pty) Ltd v De Jongh Ontwikkelings (Pty) Ltd and Another (63945/2013) [2021] ZAGPPHC 342 (18 May 2021)
Leave to appeal was refused in an insolvency matter involving an impeachable disposition and a collusive transfer of property without reciprocal value.
Muller and Others v Gomes and Another (8699/2020) [2021] ZAGPPHC 361 (18 May 2021)
The court granted leave to amend particulars of claim, finding the respondents’ objections under Rule 28(3) were not clear and concise.
M and Another v Murray and Others (251/2019) [2020] ZASCA 86; 2020 (6) SA 55 (SCA) (9 July 2020)
The Supreme Court of Appeal held that section 37B of the Pensions Fund Act does not protect pension benefits once paid out to the beneficiary prior to sequestration. The money, once received, becomes part of the beneficiary's ordinary estate and is susceptible to attachment by creditors. The court found that the payments made by Mr M[...] to Mrs M[...] and Iprolog (Pty) Ltd were collusive transactions designed to prejudice creditors, particularly Lowveld, and to prefer Mrs M[...] above other creditors. The divorce was found to be a sham, and the arrangements surrounding the disposition of ass…
Source excerpt
Von Wielligh Bester N.O. and Others v Merchant Commercial Finance and Others (16211/13) [2014] ZAWCHC 16 (18 February 2014)
The High Court struck out affidavit paragraphs relying on commission evidence, holding the evidence inadmissible against the respondent and awarding costs.
Explore more
