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Nortiger Logistics SA (Pty) Ltd v Marais NO and Others (14866/2022) [2023] ZAGPJHC 1035 (14 September 2023)
The High Court granted joinder of Mrs Adriana Maria van Wyk as a respondent in a liquidation-related application concerning sale of a mobile crane.
Dippenaar N.O. and Others v Noordman N.O. and Others (2949/2022) [2022] ZAFSHC 181 (26 July 2022)
The court interdicted an auction of insolvent trust assets after finding the trustees had not been authorised by creditors or the Master to sell.
Swart v Starbuck and Others (20785/2014) [2016] ZASCA 83; 2016 (5) SA 372 (SCA) (30 May 2016)
The court held that the trustees were duly authorised by the Master under s 80bis of the Insolvency Act to sell the immovable properties prior to the second meeting of creditors. Section 82(1) and s 82(8) did not apply, as those provisions govern sales after the second meeting and liability for contraventions thereof. The sale and transfer were valid and enforceable, supported by the suspensive condition in the contracts and subsequent fulfilment of all statutory requirements. The abstract theory of transfer further confirmed the validity of the transfer, regardless of any alleged defects in…
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