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South Africa Case Law

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Administrative Law [2019] ZAFSHC 182

Urquhart and Others v Master of the High Court and Others (5733/2018)

Urquhart and Others v Master of the High Court and Others (5733/2018) [2019] ZAFSHC 182 (30 September 2019)

Court
Free State High Court, Bloemfontein
Case number
5733/2018
Judges
Opperman, Moeng

The court found that the Master failed to properly apply his mind when issuing the summonses under section 152(2) of the Insolvency Act. The record before the court showed that the Master acted on limited and insufficient information, did not inquire into the nature of the litigation or the documents already available to the trustees, and did not justify the need for the summonses. The process was abused by FirstRand Bank Limited to obtain an improper forensic advantage in the pending Wonderhoek trial, including conducting a dress rehearsal for cross-examination and harassing individuals who…

Source excerpt

  • Judicial Review Of Administrative Action
  • Abuse Of Insolvency Process
  • Section 152 Inquiry
  • Forensic Advantage In Litigation
  • Costs Orders
  • Rule 53 Review
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Civil Procedure [2016] ZAWCHC 4

Harris (9357/2015), Ex parte

Harris (9357/2015), Ex parte [2016] ZAWCHC 4; [2016] 1 All SA 764 (WCC) (26 January 2016)

Court
Western Cape High Court, Cape Town
Case number
9357/2015
Judge
Gamble

The court found that Fairhaven's intervention was not bona fide and constituted an abuse of process. The evidence demonstrated that Fairhaven, acting through its controlling shareholder, acquired a claim in Harris's estate not for legitimate creditor purposes but to exert pressure and extort commercial advantage, including the acquisition of trust assets and payment of costs. The campaign of harassment, threats, and intimidation, as well as the use of insolvency procedures for ulterior motives, fell squarely within the definition of abuse of process. The statutory requirements for rehabilitat…

Source excerpt

  • Rehabilitation Of Insolvent
  • Abuse Of Process
  • Creditor Intervention
  • Section 152 Inquiry
  • Trust Asset Diversion
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.