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South Africa Case Law

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Civil Procedure [2021] ZAFSHC 246

Van Dyk v Donnovan Theodore Majiedt Inc and Another (4070/2021)

Van Dyk v Donnovan Theodore Majiedt Inc and Another (4070/2021) [2021] ZAFSHC 246 (22 October 2021)

The court dismissed an intervening creditor’s urgent bid to reconsider a s 18(3) insolvency order, finding no locus standi and no basis for Rule 6(12)(c) relief.

  • Insolvency Act Section 18 3
  • Powers Of Provisional Trustees
  • Urgent Applications
  • Locus Standi
  • Sale Of Insolvent Assets
  • Insolvency-law
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Civil Procedure [2020] ZAGPPHC 557

Mnisi v Nedbank Ltd and Another ; In re: Nedbank Ltd v Mnisi (31005/2019)

Mnisi v Nedbank Ltd and Another ; In re: Nedbank Ltd v Mnisi (31005/2019) [2020] ZAGPPHC 557 (9 September 2020)

The High Court dismissed an urgent bid to stay execution of a sequestration order pending appeal, holding that trustees may take possession of the estate assets.

  • Sequestration Order
  • Stay Of Execution
  • Powers Of Provisional Trustees
  • Insolvency Act Interpretation
  • Insolvency
  • Sequestration
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.