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South Africa decisions
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Jordaan and Another v Le Roux and Others (070088/23) [2025] ZAGPPHC 651 (20 June 2025)
The High Court confirmed the provisional sequestration of the first respondent, finding acts of insolvency and reason to believe creditors may benefit.
Bester N.O. and Others v Horn (11641/2015) [2022] ZAWCHC 228 (5 October 2022)
The High Court refused to separate prescription issues from a consolidated trust recovery trial, finding that piecemeal hearings would delay and duplicate evidence.
Engelbrecht NO and Others v Du Toit (2723/2015) [2020] ZAWCHC 119 (19 October 2020)
The court found that the loan agreements between Smit and the defendant were void under the National Credit Act, as the defendant was not registered as a credit provider when required. Consequently, the interest payments made under these agreements constituted dispositions without value and were set aside under section 26 of the Insolvency Act. The plaintiffs were entitled to recover these amounts. Regarding the capital repayments, the court held that although Smit was hopelessly insolvent and appreciated that his scheme would inevitably collapse, the dominant intention behind the payments wa…
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Muller N.O and Another v Fourie and Others (70852/18) [2020] ZAGPPHC 25 (19 February 2020)
The court found that the applicants, as liquidators of LLL, established prima facie claims against the first respondent for R4.8 million and R500,000, both originating from LLL funds. The first respondent failed to seriously and unambiguously dispute the source of these funds, and his defence that the payments were from Theron Jr personally was unsupported. The R4.8 million was a disposition without value within two years prior to liquidation, falling under section 26(1) of the Insolvency Act, and the R500,000 paid after winding-up was void under section 341 of the Companies Act. The first re…
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Paredes-Tarazona v Cobalt Capital (Pty) Ltd (2009/44215) [2012] ZAGPJHC 75 (23 April 2012)
The plaintiff failed to prove, on a balance of probabilities, that Cobalt Capital (Pty) Ltd contracted with him or guaranteed payment of returns on the investment. The evidence of the plaintiff's own witnesses contradicted his version and supported the defendant's case that the plaintiff contracted directly with Rees. Documentary evidence further refuted the plaintiff's claim of a contract with Cobalt. The delictual claims were also dismissed as they depended on the existence of a contract, which was not established. Accordingly, the defendant was granted absolution from the instance and the…
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