South Africa Case Law

S.S.M v P.J N.O and Another (15515/2017)

S.S.M v P.J N.O and Another (15515/2017) [2023] ZAGPPHC 2024 (18 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

15515/2017

Judge

Le Grange

The court found that the liquidator acted within the powers conferred by the divorce order and the settlement agreement, including the authority to make adjustments under section 15(9)(b) of the Matrimonial Property Act during the division process. The applicant's allegations of bias and acting beyond powers were not substantiated by the evidence. The liquidator's actions regarding eviction, allocation of wasted costs, and demand for repayment of pension funds were lawful and consistent with both the agreement and applicable legal principles. The applicant's objections were based on incorrect…

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• Matrimonial Property Act
• Liquidation Of Joint Estate
• Powers Of Liquidator
• Bias And Removal Of Liquidator

Van der Merwe NO and Others v Moodliar NO and Another; Van der Merwe NO and Others v Moodliar NO and Another; Nkhoma NO and Others v Moodliar NO and Others (Gamble J)

Van der Merwe NO and Others v Moodliar NO and Another; Van der Merwe NO and Others v Moodliar NO and Another; Nkhoma NO and Others v Moodliar NO and Others (Gamble J) [2019] ZAWCHC 160; [2020] 1 All SA 558 (WCC) (19 November 2019)

Court

Western Cape High Court, Cape Town

Case number

22282/14

Judge

P.A.L. Gamble

The court dismissed applications to reconsider liquidators’ powers, reopen a liquidation account, remove the liquidators, and challenge their attorneys’ authority.

• Liquidation And Distribution Account
• Removal Of Liquidator
• Abuse Of Process
• Powers Of Liquidator
• Fraud Allegations
• Costs Orders

Matsepe N.O. and Another v Venter and Another (4901/2015)

Matsepe N.O. and Another v Venter and Another (4901/2015) [2016] ZAFSHC 93 (21 April 2016)

Court

Free State High Court, Bloemfontein

Case number

4901/2015

Judge

Naidoo

The court found that the discharge of the provisional order for compulsory liquidation did not terminate the voluntary liquidation of Sebal Beleggings (EDMS) BPK, nor did it render the Daffue order a nullity. The status quo of voluntary liquidation was revived, and the applicants retained locus standi as liquidators. The Daffue order remained valid and operative, and the creditors' meeting held pursuant to it was lawful. The court further held that section 45 of the Insolvency Act was inadequate for the necessary investigation of creditor claims and that a commission of enquiry under section…

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• Company Liquidation
• Concursus Creditorum
• Commission Of Enquiry
• Powers Of Liquidator
• Section 417 And 418 Enquiry

M and Another v Golden Trust Services (Pty) Ltd and Others (2013/08853)

M and Another v Golden Trust Services (Pty) Ltd and Others (2013/08853) [2015] ZAGPJHC 347 (9 October 2015)

Court

South Gauteng High Court, Johannesburg

Case number

2013/08853

Judge

Windell

The court dismissed an application to set aside the sale of a former matrimonial home sold by a court-appointed liquidator from a joint estate.

• Liquidation Of Joint Estate
• Sale Of Immovable Property
• Powers Of Liquidator
• Bona Fide Purchaser
• Division Of Joint Estate
• Liquidation-of-joint-estate

Chater Developments v Waterkloof Marina Estates and Another (1025/2013)

Chater Developments v Waterkloof Marina Estates and Another (1025/2013) [2014] ZASCA 198; 2015 (5) SA 138 (SCA) (28 November 2014)

Court

Supreme Court of Appeal

Case number

1025/2013

Judges

Navsa ADP, Theron, Wallis, Mbha JJA, Dambuza AJA

The SCA held that a bona fide purchase from an unauthorised liquidator was valid under section 82(8) of the Insolvency Act, read with section 339 of the Companies Act.

• Liquidation Of Companies
• Powers Of Liquidator
• Sale Of Assets In Liquidation
• Good Faith Purchaser
• Application Of Insolvency Act
• Company-liquidation

Kwan v Kaplan NO and Others (38097/2011)

Kwan v Kaplan NO and Others (38097/2011) [2012] ZAGPJHC 36 (16 February 2012)

Court

South Gauteng High Court, Johannesburg

Case number

38097/2011

Judge

FHD Van Oosten

The court refused to extend a liquidator’s duties by declarator in a solvent partnership winding-up and awarded punitive costs for an ill-conceived application.

• Liquidation Of Partnership
• Powers Of Liquidator
• Interpretation Of Court Order
• Punitive Costs
• Declaratory Relief
• Liquidation-of-partnership

Morar NO v Akoo and Another (498/10)

Morar NO v Akoo and Another (498/10) [2011] ZASCA 130; 2011 (6) SA 311 (SCA); [2011] 4 All SA 617 (SCA) (15 September 2011)

Court

Supreme Court of Appeal

Case number

498/10

Judges

Brand, Mhlantla, Majiedt, Wallis, Meer

The Supreme Court of Appeal held that a court cannot grant a partnership liquidator broad extra powers, including interrogation powers or litigation funding orders.

• Partnership Liquidation
• Powers Of Liquidator
• Actio Pro Socio
• Court Discretion
• Contributions To Liquidation Costs
• Partnership-liquidation

Moodliar NO and Others v Hendricks NO and Others (7403/2009)

Moodliar NO and Others v Hendricks NO and Others (7403/2009) [2009] ZAWCHC 153; 2011 (2) SA 199 (WCC) (8 September 2009)

Court

Western Cape High Court, Cape Town

Case number

7403/2009

Judge

Davis

The court found that, although there were disputes regarding strict compliance with service requirements under section 346(4)(a), there was substantial compliance, particularly with SARS. The financial position of Cape Kingdom was tenuous, with liabilities far exceeding assets, even on the respondents' own figures. The powers sought by the applicants were necessary for the proper administration of the company, given the lack of cooperation from Stander and the complexity of the issues, including the need for legal advice and the ability to terminate leases and contracts. The court held that t…

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• Provisional Liquidation
• Powers Of Liquidator
• Service Requirements
• Creditor Standing
• Company Insolvency

Moolman v Builders & Developers (Pty) Ltd. (in Provisional Liquidation) (170/89)

Moolman v Builders & Developers (Pty) Ltd. (in Provisional Liquidation) (170/89) [1989] ZASCA 171; [1990] 2 All SA 77 (A) (1 December 1989)

Court

Supreme Court of Appeal

Case number

170/89

Judges

J J F Hefer, Joubert, Hefer, Steyn, Kumleben, Friedman

The court held that a foreign liquidator may be recognised in South Africa to conduct an enquiry into a company’s affairs and interrogate witnesses, even where local assets are not yet identified.

• Recognition Of Foreign Liquidator
• Cross Border Insolvency
• Powers Of Liquidator
• Comity
• Interrogation Of Witnesses
• Recognition-of-foreign-liquidator