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Land And Property [2025] ZAGPJHC 25

Lewis N.O v Van De Souza and Others (2023/052830)

Lewis N.O v Van De Souza and Others (2023/052830) [2025] ZAGPJHC 25; - (17 January 2025)

The court held that the appellant, as liquidator, was vested with broad and unfettered powers to institute legal proceedings on behalf of the joint estate, including sequestration of the Ludan Trust. The attempted distribution of trust assets by resolution constituted an act of insolvency under section 8(c) of the Insolvency Act, as it was intended to prejudice creditors. The requirements for provisional sequestration were satisfied: an act of insolvency was committed, the trust was factually insolvent, and there was a reasonable prospect of advantage to creditors. The court found the reasoni…

  • Sequestration Of Trust
  • Act Of Insolvency
  • Creditor Advantage
  • Locus Standi
  • Insolvency Act Section 8c
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