Hill N.O and Another v Liberty Group Limited and Others (M 653/2022)
Hill N.O and Another v Liberty Group Limited and Others (M 653/2022) [2024] ZANWHC 316 (11 October 2024)
The court found that the liquidators failed to establish that the funds from which the impugned payment was made factually and lawfully belonged to Aurita CC. The evidence presented did not refute Makelaars CC's version that the funds were received in error and did not form part of the insolvent estate. The liquidators did not file a replying affidavit to address these averments, nor did they join necessary parties such as Reynecke and de Beer, who had direct and substantial interests in the outcome. The principles of commixtio and mistaken payments dictate that erroneous deposits do not conf…
Source excerpt
- Liquidation Proceedings
- Void Dispositions
- Joinder Of Parties
- Commixtio
- Mistaken Payments