South Africa Case Law

Pick n Pay Retailers (Pty) Ltd v Ramalho, NO and Another (946/2023)

Pick n Pay Retailers (Pty) Ltd v Ramalho, NO and Another (946/2023) [2025] ZASCA 97 (2 July 2025)

Court

Supreme Court of Appeal

Case number

946/2023

Judges

Zondi, Unterhalter, Coppin, Phatshoane, Bloem

The Supreme Court of Appeal held that the payment made to Pick n Pay by White & Case after the liquidation of Lashka was unlawful, as it disregarded the concursus creditorum established by the liquidation. The mandate to White & Case and the authority given to Pick n Pay to instruct payment terminated upon Lashka's liquidation. The payment constituted a preferential settlement of Pick n Pay's claim to the detriment of other creditors and was contrary to the principles of insolvency law. The Sale of Business Agreement was not an uncompleted executory contract requiring further performance, as…

Source excerpt

• Concursus Creditorum
• Insolvency Dispositions
• Liquidation
• Mandate Termination
• Preferential Payment

Liquidators of Tradefirm 195 (Pty) Ltd v Kroons Gourmet Chickens (Pty) Ltd (4945/2007)

Liquidators of Tradefirm 195 (Pty) Ltd v Kroons Gourmet Chickens (Pty) Ltd (4945/2007) [2007] ZAGPHC 334 (30 November 2007)

Court

High Courts - Gauteng

Case number

4945/2007

Judge

M J Ramagaga

The court set aside a sham sale of a poultry business, finding it was structured to defeat SARS and that no real price or payment was proved.

• Actio Pauliana
• Insolvency Dispositions
• Preferential Creditor Treatment
• Companies Act Section 228
• Sale Of Business
• Tax Avoidance