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Body Corporate of Empire Gardens v Sithole and Another (240/2016) [2017] ZASCA 28; 2017 (4) SA 161 (SCA) (27 March 2017)
The Supreme Court of Appeal held that a body corporate seeking compulsory sequestration must still prove advantage to creditors under s 10(c) of the Insolvency Act.
Namex (Edms) Bpk v Kommissaris van Binnelandse Inkomste (314/1992) [1993] ZASCA 181; 1994 (2) SA 265 (AD); [1994] 2 All SA 111 (A) (26 November 1993)
The Supreme Court of Appeal held that the scheme of arrangement under section 311 of the Companies Act was valid and binding on all creditors, including the Commissioner of Inland Revenue, for known tax liabilities arising before the scheme's registration. The Commissioner was afforded the opportunity to prove a claim under the scheme but failed to do so. The Court found that the respondent's additional assessment for the 1982 tax year was ineffective, as the scheme extinguished the right to recover further tax from the appellant for that year. The Court distinguished between known and unknow…
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