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Olivier NO and Others v Stewart NO and Others (2020/37190) [2023] ZAGPJHC 1408 (5 December 2023)
The High Court dismissed a claim to establish a disallowed insolvency claim, finding the plaintiffs failed to prove that R600,000 came from the Olyfboom Trust.
Standard Bank Of South Africa Limited v Master Of The High Court, Johannesburg and Others (012167/2022) [2023] ZAGPJHC 981 (1 September 2023)
The court found that the Master failed to comply with the peremptory requirements of section 45(3) of the Insolvency Act and section 407 of the Companies Act. The liquidators did not properly lodge a dispute in writing nor provide reasons for disputing the applicant's proven claim. The Master, as an administrative authority, was obliged to furnish adequate reasons for expunging the claim but failed to do so. The respondents, as creditors, lacked standing to initiate the objection process under section 45(3). The applicant's claim was prima facie proven at a special creditors meeting, and the…
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Constantia Insurance Company Limited v Master of the High Court, Johannesburg and Others (23968/2015) [2016] ZAGPJHC 121; 2016 (6) SA 386 (GJ) (13 May 2016)
The court held that section 45(3) of the Insolvency Act and regulation 18 of the winding-up regulations establish a process whereby both liquidators and creditors are afforded the right to be heard, but do not provide for further submissions beyond the liquidators' initial report and the creditor's substantiation. The principle of audi alteram partem, as embodied in PAJA and the Constitution, requires procedural fairness, but what is fair depends on the circumstances and the statutory scheme. In this context, the legislature intended a simple, expeditious process for the proof and dispute of…
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PG Bison Limited v Johannesburg Glassworks (Pty) Ltd (In Liquidation) and Others (A5050/06) [2007] ZAGPHC 274; [2008] 1 All SA 473 (W) (16 November 2007)
The court found that the appellant was properly notified of the Master's decision to expunge its claim and failed to act within a reasonable time, resulting in an unreasonable delay in seeking review. The presumption of service by registered mail applied, and the appellant did not provide sufficient evidence to rebut this. The Master acted within his administrative powers under section 45(3) of the Insolvency Act by expunging the claim, which did not amount to setting aside the underlying disposition. The appellant did not establish grounds such as justus error or fraud to justify reopening t…
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