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South Africa decisions
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Kellerman and Others v Bester N.O and Others (5167/2022) [2023] ZAWCHC 29 (17 February 2023)
The High Court dismissed an application to remove insolvent estate trustees, finding no misconduct and holding that the first applicant lacked locus standi.
Consolidated Auctioneers Pretoria CC v Van Staden and Others (665590/2011) [2017] ZAGPPHC 908 (13 December 2017)
The High Court held that a pre-liquidation sale in execution was not void under section 359(1)(b), but the purchaser had no enforceable right to transfer once liquidators refused to proceed.
Commissioner, South African Revenue Service v Van der Merwe and Others (598/2015) [2016] ZASCA 138; 2017 (3) SA 34 (SCA); [2017] 2 All SA 335 (SCA); 79 SATC 283 (29 September 2016)
The Supreme Court of Appeal held that the Customs and Excise Act and the VAT Act do not create an embargo preventing liquidators from taking possession of company property prior to the payment of customs duty and VAT. The statutory lien granted to SARS under the Customs Act serves only as additional security and does not override the ranking of claims established by the Insolvency Act. The court found no express or implied provision in either the Customs Act or the Insolvency Act that excludes goods subject to SARS liens from being dealt with under insolvency law. The interpretation advanced…
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Pollock NO and Others v Camara and Another (2395/2010) [2013] ZANWHC 35 (18 April 2013)
The court found that the instalment sale agreement between Instabrite and the respondents was valid and not void ab initio solely because Instabrite was not the owner of the equipment at the time of sale. However, fraudulent misrepresentation by Instabrite regarding ownership and absence of liabilities entitled the respondents to rescind the contract and claim restitution. Nevertheless, in the context of liquidation, the applicants as liquidators are obliged to recover and realise assets for the benefit of all creditors, and restitution must occur within the liquidation process. The responden…
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