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Marais and Another v Nortiger Logistics-SA (Pty) Ltd and Another (14866/2022) [2025] ZAGPJHC 498 (21 May 2025)
The court set aside the sale of a crane after finding a prior cession invalid and ineffective to transfer ownership, making the disposition voidable in liquidation.
NSP Unsgaard (Pty) Ltd v Master of the High Court, Cape Town and Another (11371/2022) [2023] ZAWCHC 223 (28 August 2023)
The High Court reviewed and set aside the Master’s decision on a pre-liquidation set off, then held the set off should be disregarded under section 46 of the Insolvency Act.
Land and Agricultural Development Bank of SA t/a Landbank v Master of the High Court and Others (352/05) [2006] ZASCA 70; [2006] SCA 68 (RSA) (30 May 2006)
The Supreme Court of Appeal held that the remedies provided in sections 33 and 34 of the Land and Agricultural Development Bank Act 15 of 2002 do not apply to advances made under the repealed Land Bank Act 13 of 1944. The Court found the language of section 33(2)(a) to be clear and unambiguous, referring only to advances made 'in terms of this Act', i.e., the 2002 Act. The transitional provisions of the 2002 Act preserve the validity of acts done under the 1944 Act but do not extend the new statutory remedies to those advances. The Bank's rights in respect of advances made under the 1944 Act…
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