South Africa Case Law

Action Enterprise and Supplier Development Trust v Montle and Noe Transport Services and Another (2022/035872)

Action Enterprise and Supplier Development Trust v Montle and Noe Transport Services and Another (2022/035872) [2025] ZAGPJHC 597 (12 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/035872

Judge

Stylianou

The High Court granted judgment for the unpaid loan balance and allowed perfection of security under a special notarial covering bond after rejecting the respondents’ winding-up objections.

• Loan Agreement Breach
• Special Notarial Covering Bond
• Perfection Of Security
• Voluntary Winding Up
• Insolvency Procedure
• Special-notarial-covering-bond

Pretorius v White Rock Trading and Another (43982/2015)

Pretorius v White Rock Trading and Another (43982/2015) [2017] ZAGPJHC 358 (8 March 2017)

Court

South Gauteng High Court, Johannesburg

Case number

43982/2015

Judge

M Victor

The High Court cancelled a sale of immovable property bought from an insolvent estate and ordered repayment after material non-disclosure and transfer delays.

• Sale Of Immovable Property
• Contract Cancellation
• Misrepresentation
• Insolvency Procedure
• Sale-of-immovable-property
• Contract-cancellation

Roux en Andere v Van Rensburg NO (649/94)

Roux en Andere v Van Rensburg NO (649/94) [1996] ZASCA 54; 1996 (4) SA 271 (SCA); [1996] 3 All SA 499 (A); (28 May 1996)

Court

Supreme Court of Appeal

Case number

649/94

Judges

E M Grosskopf, Smalberger, Vivier, Howie, Zulman

The Supreme Court of Appeal held that under common law, the curator of an insolvent estate is entitled to demand possession of immovable property subject to a retention right, even before the creditor's claim is proven. The retention right does not entitle the holder to indefinitely delay the administration and realization of the estate. Section 47 of the Insolvency Act protects the retentor's rights if possession is surrendered and proper notice is given. The court found no reason to distinguish between movable and immovable assets in this context. The appellants' refusal to surrender posses…

Source excerpt

• Retention Rights
• Insolvency Procedure
• Preferent Claims
• Curator Powers