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South Africa decisions
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Body Corporate of Galloway v Johannes (Nedbank Ltd Intervening) (75535/2013) [2015] ZAGPPHC 838 (7 August 2015)
The High Court confirmed a provisional sequestration order, finding a nulla bona return proved an act of insolvency and that sequestration may benefit creditors.
Pollock NO and Others v Camara and Another (2395/2010) [2013] ZANWHC 35 (18 April 2013)
The court found that the instalment sale agreement between Instabrite and the respondents was valid and not void ab initio solely because Instabrite was not the owner of the equipment at the time of sale. However, fraudulent misrepresentation by Instabrite regarding ownership and absence of liabilities entitled the respondents to rescind the contract and claim restitution. Nevertheless, in the context of liquidation, the applicants as liquidators are obliged to recover and realise assets for the benefit of all creditors, and restitution must occur within the liquidation process. The responden…
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Hunter Mitchell Projects CC v All Aluminium CC and Another (16625/2011) [2012] ZAWCHC 1 (23 January 2012)
The court found that the service of the final emoluments attachment order on Kingswood Golf Estate on 7 February 2011, after the provisional liquidation order was granted, constituted both continuation of civil proceedings and execution put in force against the assets of the company after commencement of winding-up proceedings. This violated section 359(1)(a) and (b) of the Companies Act, 61 of 1973. The court rejected the respondent's argument that the attachment was effected before liquidation, noting that the confirmation of the garnishee order did not bring finality and that enforcement s…
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Pollock NO and Another v Simcha Properties 2 CC and Others (12264/2010) [2010] ZAGPJHC 48 (4 June 2010)
High Court interim interdict case about allegedly impeachable property disposals by insolvent companies, pending an action under the Insolvency Act.
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