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South Africa decisions
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Khammissa v Tselana N.O and Others (2025/025127) [2025] ZAGPPHC 702 (4 July 2025)
The High Court dismissed an urgent interdict seeking to stop a section 152 insolvency inquiry, finding the applicant lacked standing and the case was an abuse of process.
Murray and Others NNO v African Global Holdings (Pty) Ltd and Others (306/2019) [2019] ZASCA 152; [2020] 1 All SA 64 (SCA); 2020 (2) SA 93 (SCA) (22 November 2019)
The Supreme Court of Appeal found that the companies in question were commercially insolvent at the time the resolutions for voluntary winding-up were passed. The evidence showed that the withdrawal of banking facilities rendered the companies unable to pay their debts and continue trading, satisfying the test for commercial insolvency. Consequently, the winding-up was valid under the Companies Act 61 of 1973, not the 2008 Act. The appointment of the liquidators by the Master in Pretoria was valid, as the Master at the main seat has jurisdiction throughout Gauteng, including Johannesburg. The…
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Ex Parte: Beukes (3016/2009) [2011] ZAWCHC 267 (15 June 2011)
The court refused to order the Cape Town Master to report under rule 57, holding that jurisdiction for the curator-bonis application lay with the Kimberley Master.
Victoria v Mxiki and Others (3924/09) [2010] ZAECGHC 86 (16 September 2010)
The High Court ordered the Eastern Cape Master to close a deceased estate file and send it to the North Gauteng Master, who had jurisdiction based on the deceased's residence.
Strydom v Additional Magistrate Kempton Park and Others (9208/08) [2010] ZAGPPHC 32 (16 April 2010)
The court dismissed a review of an insolvency enquiry held before a magistrate, holding that the Master’s venue decision was not reviewable and caused no shown prejudice.
PG Bison Limited v Master od High Court and Others (655/03) [2004] ZANWHC 14 (24 June 2004)
The court set aside provisional liquidator appointments made without jurisdiction after a company’s winding up had already commenced.
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