South Africa Case Law

Engelbrecht NO and Others v Master of the High Court, Pretoria (55163/2016)

Engelbrecht NO and Others v Master of the High Court, Pretoria (55163/2016) [2017] ZAGPPHC 5 (18 January 2017)

Court

North Gauteng High Court, Pretoria

Case number

55163/2016

Judge

Janse van Nieuwenhuizen

The court found that the Master had incorrectly applied the 3% tariff under Item 2 of Tariff B to the applicants' remuneration, as the assets sold comprised both movable and immovable property, as well as other rights and interests. The directive was set aside. However, the court declined to order that the applicants' fees be taxed at 10% under Item 1 of Tariff B, holding that the sale assets fell into distinct categories under the tariff and that it was necessary for the Master to exercise discretion in determining reasonable remuneration. The matter was referred back to the Master for prope…

Source excerpt

• Liquidator Remuneration
• Companies Act 1973
• Insolvency Act Tariff
• Review Of Administrative Action

Klopper NO v Master of the High Court (21080/08)

Klopper NO v Master of the High Court (21080/08) [2010] ZAWCHC 22; [2010] 3 All SA 182 (WCC) (19 February 2010)

Court

Western Cape High Court, Cape Town

Case number

21080/08

Judges

Thring, Yekiso

High Court review setting aside the Master’s refusal to exceed tariff remuneration for a liquidator, adopting a referee’s report and awarding punitive costs.

• Liquidator Remuneration
• Review Of Administrative Action
• Punitive Costs Order
• Insolvency Act Tariff
• Companies Act Section 384
• Liquidator-remuneration

Klopper NO v Master of the High Court (2475/2008)

Klopper NO v Master of the High Court (2475/2008) [2008] ZAWCHC 219 (13 June 2008)

Court

Western Cape High Court, Cape Town

Case number

2475/2008

Judges

Thring, Bozalek

The court set aside the Master’s refusal to tax a liquidator’s fees above the tariff and held that good cause existed for remuneration beyond the tariff.

• Liquidator Remuneration
• Companies Act Section 384
• Judicial Review Of Master
• Insolvency Act Tariff
• Promotion Of Administrative Justice Act
• Liquidator-remuneration