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South Africa Case Law

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Civil Procedure [2023] ZAGPJHC 1035

Nortiger Logistics SA (Pty) Ltd v Marais NO and Others (14866/2022)

Nortiger Logistics SA (Pty) Ltd v Marais NO and Others (14866/2022) [2023] ZAGPJHC 1035 (14 September 2023)

The High Court granted joinder of Mrs Adriana Maria van Wyk as a respondent in a liquidation-related application concerning sale of a mobile crane.

  • Joinder Of Parties
  • Direct And Substantial Interest
  • Liquidation Proceedings
  • Sale Of Assets In Liquidation
  • Insolvency Act Section 82
  • Joinder-of-parties
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Commercial And Corporate [2023] ZAKZDHC 61

Berrange N.O and Others v Master of the High Court Pietermaritzburg and Others (D4697/2023)

Berrange N.O and Others v Master of the High Court Pietermaritzburg and Others (D4697/2023) [2023] ZAKZDHC 61 (17 August 2023)

Provisional liquidators were allowed to sell specified assets of three related companies in liquidation after the court found exceptional circumstances and ongoing value erosion.

  • Companies Act 1973
  • Powers Of Provisional Liquidators
  • Sale Of Assets In Liquidation
  • Exceptional Circumstances
  • Creditor Rights
  • Companies-act-1973
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Civil Procedure [2022] ZAGPJHC 716

Pretoria Office Chairs CC v Rampoporo N.O and Others (20031/2018)

Pretoria Office Chairs CC v Rampoporo N.O and Others (20031/2018) [2022] ZAGPJHC 716 (22 September 2022)

The court held that a purported sale of liquidation assets failed because the suspensive condition was not met, and ordered the assets restored to the liquidators.

  • Liquidation Procedure
  • Sale Of Assets In Liquidation
  • Suspensive Conditions
  • Creditors Meeting
  • Good Faith Purchaser
  • Liquidation-procedure
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Commercial And Corporate [2014] ZASCA 198

Chater Developments v Waterkloof Marina Estates and Another (1025/2013)

Chater Developments v Waterkloof Marina Estates and Another (1025/2013) [2014] ZASCA 198; 2015 (5) SA 138 (SCA) (28 November 2014)

The SCA held that a bona fide purchase from an unauthorised liquidator was valid under section 82(8) of the Insolvency Act, read with section 339 of the Companies Act.

  • Liquidation Of Companies
  • Powers Of Liquidator
  • Sale Of Assets In Liquidation
  • Good Faith Purchaser
  • Application Of Insolvency Act
  • Company-liquidation
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.