South Africa Case Law

Breytenbach N.O. and Another v Ellison and Another (84994/2019)

Breytenbach N.O. and Another v Ellison and Another (84994/2019) [2022] ZAGPPHC 409 (17 June 2022)

Court

North Gauteng High Court, Pretoria

Case number

84994/2019

Judge

Collis

The court found that the order of Kollapen J dated 12 April 2018 empowered the applicants, as trustees, to administer and realise all assets of the first respondent in South Africa, including the immovable property at Dam Road, Waterkloof, Pretoria. The property was specifically identified in the proceedings before Kollapen J and was registered in the respondent's name at the time of the order. The respondent's arguments regarding rehabilitation under section 127A of the Insolvency Act and exclusion of the property from the estate were rejected, as the recognition order did not constitute a S…

Source excerpt

• Eviction Proceedings
• Insolvency Trustee Powers
• Rehabilitation Under Insolvency Act
• Recognition Of Foreign Insolvency
• Just And Equitable Eviction
• Pie Act Requirements

Lehane N.O v Lagoon Beach Hotel (Pty) Ltd and Others (15678/14)

Lehane N.O v Lagoon Beach Hotel (Pty) Ltd and Others (15678/14) [2014] ZAWCHC 203; 2015 (4) SA 72 (WCC) (17 October 2014)

Court

Western Cape High Court, Cape Town

Case number

15678/14

Judge

Yekiso

The court recognised an Irish bankruptcy official’s appointment in South Africa and granted preservation interdicts over specified assets, while preserving secured creditor rights.

• Recognition Of Foreign Insolvency
• Interdict
• Secured Creditor Rights
• Sectional Title Property
• Costs Order
• Recognition-of-foreign-insolvency