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South Africa decisions
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S P Lenong Civil Group 8 (Pty) Ltd v ABSA Bank Limited and Others (2818/2024) [2025] ZAECMKHC 20 (25 February 2025)
The High Court dismissed an urgent application to set aside a provisional liquidation order, finding the delay inadequately explained and no basis to disturb creditors’ interests.
Ragavan and Another v Kal Tire Mining Services SA (Pty) Ltd and Others (40723/2018) [2019] ZAGPPHC 455 (12 August 2019)
The High Court dismissed an urgent application to rescind a final liquidation order, finding no procedural error, inadequate notice issues, and no basis under Rule 42 or section 354.
Ibyisi v Body Corporate of Unicadia (37975/12) [2018] ZAGPPHC 281 (18 April 2018)
The High Court refused immediate rescission of a sequestration order, finding procedural defects but requiring joinder of the trustee and notice to creditors first.
CWT Aquarius Shipping International (Pty) Ltd and Others v Master of the High Court, Gauteng local Division, Johannesburg and Others (37425/2014) [2017] ZAGPJHC 454 (29 September 2017)
The court found that the applicants were not 'aggrieved persons' as required by section 151 of the Insolvency Act, as the admission of Mayfair's claim did not infringe any of their legal rights. The liquidator's authority to institute proceedings against the applicants was not conditional on Mayfair being a proved creditor, and the applicants retained the right to contest the validity of Mayfair's claim in subsequent litigation. The constitutional challenge to section 40(1) of the Insolvency Act and section 364(2) of the Companies Act was declined on the basis that it was not ripe for determi…
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Fedbond Nominees (Pty) Ltd v Wagner N.O and Others (47962/2012) [2014] ZAGPPHC 55 (4 February 2014)
The High Court held that PAJA applied to the Master's confirmation of an account, dismissed the review for non-compliance, but allowed reopening of the liquidation account.
Ex Parte: Sanders (3022/02) [2002] ZAWCHC 34; [2002] 3 All SA 619 (C); 2002 (5) SA 387 (C) (19 June 2002)
The court granted leave to register a postnuptial notarial contract changing the spouses’ matrimonial regime and held notice to the Registrar of Deeds was unnecessary.
Nedcor Bank Ltd v Master of the High Court and Others (440/2000) [2001] ZASCA 106; [2002] 2 All SA 281 (A); 2002 (1) SA 390 (SCA) (27 September 2001)
The Supreme Court of Appeal held that the statutory method of computation prescribed by section 4 of the Interpretation Act applies to the notice period required by section 40(2) of the Insolvency Act. The Court found that the computation should be done backwards from the date of the meeting, excluding the meeting day and including the day of publication. This method resulted in the ten-day period being properly observed. The Court rejected the appellant's argument that the 'clear days' method should apply, noting that the statutory method is preferred unless the language or context of the pr…
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