South Africa Case Law

Nedbank Limited v WJ Weidemann N.O. & others (31/2020)

Nedbank Limited v WJ Weidemann N.O. & others (31/2020) [2021] ZAFSHC 120 (29 April 2021)

Court

Free State High Court, Bloemfontein

Case number

31/2020

Judge

Naidoo

The court found that the Trust failed to demonstrate any circumstances justifying the exercise of discretion in its favour or that the appeal would have reasonable prospects of success. The grounds of appeal raised by the Trust were found to be without merit. The court applied the stricter test under section 17(1) of the Superior Courts Act, requiring a reasonable prospect of success rather than a mere possibility. The application for leave to appeal was accordingly dismissed with costs.

Source excerpt

• Leave To Appeal
• Sequestration
• Costs Order
• Insolvency Act Section 8
• Reasonable Prospects Of Success

Vermeulens Verf and Gas t/a Vermeulens Build It v Van Eeden and Another (263/2020)

Vermeulens Verf and Gas t/a Vermeulens Build It v Van Eeden and Another (263/2020) [2021] ZANCHC 5 (15 January 2021)

Court

Northern Cape High Court, Kimberley

Case number

263/2020

Judge

Mamosebo

The High Court dismissed a provisional sequestration application, finding no compliant act of insolvency and inadequate service of the writ on the debtor.

• Insolvency Act Section 8
• Nulla Bona Return
• Advantage To Creditors
• Personal Service Requirement
• Insolvency-act-acts-of-insolvency
• Nulla-bona-return

A.S.J.N v A.M.N and Others (69069/19)

A.S.J.N v A.M.N and Others (69069/19) [2020] ZAGPPHC 764 (20 October 2020)

Court

North Gauteng High Court, Pretoria

Case number

69069/19

Judge

W Hughes

Final sequestration was refused because the applicant did not show a sufficient advantage to creditors, and the provisional order was discharged.

• Sequestration
• Maintenance Arrears
• Advantage To Creditors
• Insolvency Act Section 8
• Contempt Of Court
• Advantage-to-creditors

Land and Agricultal Development Bank of South Africa (M 188/2018)

Land and Agricultal Development Bank of South Africa (M 188/2018) [2019] ZANWHC 6 (21 February 2019)

Court

North West High Court, Mafikeng

Case number

M 188/2018

Judge

R D Hendricks

The High Court granted a provisional sequestration order after finding that a sheriff’s nulla bona return constituted an act of insolvency.

• Sequestration
• Acts Of Insolvency
• Nulla Bona Return
• Advantage To Creditors
• Insolvency Act Section 8
• Nulla-bona-return

Engen Petroleum Limited v Moodley NO and Another (2016/00276)

Engen Petroleum Limited v Moodley NO and Another (2016/00276) [2017] ZAGPJHC 78 (16 March 2017)

Court

South Gauteng High Court, Johannesburg

Case number

2016/00276

Judge

Roland Sutherland

The court confirmed perfection of notarial bond security and made a provisional sequestration order final, finding the respondent insolvent and the opposition meritless.

• Sequestration Of Trader
• Perfection Of Notarial Bond
• Creditors Security
• Insolvency Act Section 8
• Attorney And Client Costs
• Perfection-of-notarial-bond

Standard Bank of South Africa Ltd v Strydom and Others (1661/2012, 1662/2012)

Standard Bank of South Africa Ltd v Strydom and Others (1661/2012, 1662/2012) [2012] ZAFSHC 193 (18 October 2012)

Court

Free State High Court, Bloemfontein

Case number

1661/2012, 1662/2012

Judge

Mocumie

The Free State High Court granted final sequestration of a farmer and a family trust after finding acts of insolvency, factual insolvency, and creditor advantage.

• Insolvency Act Section 8
• Credit Agreements
• Reckless Credit Granting
• Advantage Of Creditors
• Balance Certificate
• Oral Compromise

Kulenkampff and Associates v Vosloo (18194/2008)

Kulenkampff and Associates v Vosloo (18194/2008) [2008] ZAWCHC 301 (20 November 2008)

Court

Western Cape High Court, Cape Town

Case number

18194/2008

Judge

Gauntlett A J

The High Court granted a provisional sequestration order, rejecting objections based on urgency, security, alleged abuse, and lack of benefit to creditors.

• Provisional Sequestration
• Insolvency Act Section 8
• Benefit To Creditors
• Abuse Of Process
• Provisional-sequestration
• Insolvency-act-section-8