South Africa Case Law

Brown N.O and Another v MEC responsible for Transport Community Safety and Liason KwaZulu-Natal (2383/23P)

Brown N.O and Another v MEC responsible for Transport Community Safety and Liason KwaZulu-Natal (2383/23P) [2023] ZAKZPHC 144 (27 November 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

2383/23P

Judge

Mlotshwa AJ

The High Court held that pre-liquidation vehicle licence debts formed part of the concursus creditorum and had to be proved in liquidation, not demanded upfront.

• Liquidation Procedure
• Concursus Creditorum
• Preferent Creditor Status
• Road Traffic Regulations
• Proof Of Claims
• Liquidation-procedure

Firstrand Bank Limited v Master of the High Court and Others (31482/2005)

Firstrand Bank Limited v Master of the High Court and Others (31482/2005) [2006] ZAGPHC 164 (4 April 2006)

Court

High Courts - Gauteng

Case number

31482/2005

Judge

Pretorius

The court held that the Land and Agricultural Development Bank Act, 15 of 2002, applies only to advances made after its commencement date of 10 June 2002. Advances made prior to this date, including those under the repealed 1944 Act, do not qualify for the statutory preference under the new Act. The Landbank cannot establish a preferential right in the insolvent estate without complying with section 33(3)(b) of the 2002 Act, which requires a court order. Mere undertakings by the trustee or reliance on section 90 of the Insolvency Act are insufficient to establish such a right. The Master's de…

Source excerpt

• Preferent Creditor Status
• Liquidation And Distribution Account
• Insolvency Act Application
• Land And Agricultural Development Bank Act
• Statutory Preference
• Court Order Requirement

Land and Agricultural Development Bank of SA t/a Landbank v Master of the High Court and Others (2455/04)

Land and Agricultural Development Bank of SA t/a Landbank v Master of the High Court and Others (2455/04) [2005] ZAWCHC 4; 2005 (4) SA 81 (C) (25 January 2005)

Court

Western Cape High Court, Cape Town

Case number

2455/04

Judge

Davis

The court held that section 33 of the Land and Agricultural Development Bank Act 15 of 2002 applies only to advances made under that Act. The advances in question were made under the previous Land Bank Act 13 of 1944, and the agreements were concluded before the 2002 Act came into effect. The statutory wording is clear and does not provide relief for advances made under the 1944 Act. Section 90 of the Insolvency Act does not extend the scope of the 2002 Act to such advances. The applicant's claim to preferent creditor status and attachment of the free residue under the 2002 Act therefore fail…

Source excerpt

• Preferent Creditor Status
• Insolvency Proceedings
• Statutory Interpretation
• Authority To Institute Proceedings