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South Africa decisions
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Benade N.O and Another v Donald and Another (079845/2023) [2023] ZAGPPHC 702 (23 August 2023)
Urgent application by provisional liquidators for an anti-dissipation order over sale proceeds was dismissed for lack of a prima facie case and evidence of dissipation.
Tak and Another v Blue Dart Properties and Another (01361/2023) [2023] ZAGPJHC 368 (20 April 2023)
The High Court granted urgent interim anti-dissipation relief to preserve joint venture proceeds and ordered disclosure and an accounting pending further action.
Commissioner for The South African Revenue Services v Moloto and Others (63778/2021) [2022] ZAGPPHC 832; [2023] 1 All SA 607 (GP); 85 SATC 470; (2 November 2022)
The High Court confirmed a provisional anti-dissipation order for SARS, finding that assets were moved to defeat a bona fide customs claim.
Botha N.O. and Others v Carstens and Others (50323/14) [2017] ZAGPPHC 527 (10 August 2017)
The court found that the applicants, as provisional trustees, had established a prima facie right to preserve the game pending determination of its ownership. The respondents' evidence regarding ownership was contradictory and lacked bona fides, undermining their opposition. The applicants demonstrated a reasonable apprehension that the assets of the insolvent estate could be dissipated or concealed, justifying the need for interim relief. The balance of convenience favoured the applicants, and there was no satisfactory alternative remedy. The requirements for an interim interdict were satisf…
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Endeto Engineering CC v Bezuidenhout and Another (59474/2016) [2016] ZAGPPHC 713 (17 August 2016)
The court found that the applicant had established circumstances indicating the first respondent was disposing of her only assets with the intention of defeating the applicant's claim. The respondent's failure to provide undertakings, attend pre-trial conferences, or respond to correspondence, coupled with her admission that the properties were her only assets, supported the inference of a deliberate attempt to frustrate execution. The respondent's reliance solely on points of law without filing an answering affidavit meant the applicant's allegations stood uncontroverted. The requirements fo…
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Lehane N.O v Lagoon Beach Hotel (Pty) Limited and Others (15678/2014) [2015] ZAWCHC 3 (23 January 2015)
The court held that the applicant, as the Official Assignee of Sean Dunne's bankrupt estate appointed by the Dublin High Court, was entitled to recognition in South Africa. The evidence established that Mr Dunne was domiciled in Ireland at the time of his bankruptcy, as determined by the Irish court, satisfying the requirements for recognition of a foreign trustee. The court found that urgency was justified due to the imminent dissipation of substantial proceeds from the sale of Lagoon Beach Hotel (Pty) Ltd, and that hearsay evidence was admissible in urgent interdict proceedings where the so…
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Reunert Limited v Holdsworth and Another (39948/14) [2014] ZAGPPHC 415 (26 June 2014)
The High Court granted interim interdicts preserving the respondent’s assets pending sequestration proceedings, rejecting arguments that the prior order was suspended on appeal.
Haynes v Rheeder and Others (EL 886/2008, ECD 2186/2008) [2011] ZAECELLC 15 (25 March 2011)
The court confirmed an interim interdict preserving disputed partnership assets pending trial, but dismissed a contempt application and a joinder-costs bid.
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