South Africa Case Law

Wagner N.O v Gijsbers N.O and Others (20876/19)

Wagner N.O v Gijsbers N.O and Others (20876/19) [2024] ZAWCHC 155; 2024 (6) SA 296 (WCC) (5 June 2024)

Court

Western Cape High Court, Cape Town

Case number

20876/19

Judge

A De Wet

The court found that the applicant, as the official receiver appointed in Austria, has the necessary locus standi to seek recognition in South Africa. The evidence established a real prospect of a shortfall in the Austrian estate, and even if not, a shortfall is not a prerequisite for recognition under common law. The principles of comity, convenience, and equity favour recognition, as the surplus in the South African estate can be utilised for the benefit of Austrian creditors without prejudice to South African creditors. Section 116 of the Insolvency Act does not preclude the relief sought,…

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• Cross Border Insolvency
• Recognition Of Foreign Trustee
• Removal Of Surplus Funds
• Locus Standi
• Security For Costs

Lagoon Beach Hotel v Lehane (235/2015)

Lagoon Beach Hotel v Lehane (235/2015) [2015] ZASCA 210; [2016] 1 All SA 660 (SCA); 2016 (3) SA 143 (SCA) (21 December 2015)

Court

Supreme Court of Appeal

Case number

235/2015

Judges

Navsa, Cachalia, Leach, Tshiqi, Willis

The Supreme Court of Appeal recognized an Irish Official Assignee and confirmed an interim preservation order over Lagoon Beach Hotel assets, with limited variation to the costs and statutory reference.

• Cross Border Insolvency
• Recognition Of Foreign Trustee
• Interim Interdict
• Preservation Order
• Locus Standi
• Comity And Convenience

Lehane N.O v Lagoon Beach Hotel (Pty) Limited and Others (15678/2014)

Lehane N.O v Lagoon Beach Hotel (Pty) Limited and Others (15678/2014) [2015] ZAWCHC 3 (23 January 2015)

Court

Western Cape High Court, Cape Town

Case number

15678/2014

Judge

N J Yekiso

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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• Urgent Interdict
• Recognition Of Foreign Trustee
• Fraudulent Conveyance
• Preservation Of Assets
• Locus Standi
• International Comity

Lamonica v Baltic Reefers Management Ltd (21734/2009)

Lamonica v Baltic Reefers Management Ltd (21734/2009) [2009] ZAWCHC 179; 2011 (3) SA 164 (WCC) (5 November 2009)

Court

Western Cape High Court, Cape Town

Case number

21734/2009

Judge

A.P Blignaut

The Western Cape High Court recognised a US-appointed bankruptcy trustee to pursue claims against a South African admiralty fund and refused security for costs.

• Recognition Of Foreign Trustee
• Admiralty Jurisdiction Regulation Act
• Bankruptcy Claims
• Security For Costs
• Recognition-of-foreign-trustee
• Admiralty-law