South Africa Case Law

Alternative Finance Solutions (Pty) Ltd v Master of the Free State High Court, Bloemfontein and Others (4006/2024)

Alternative Finance Solutions (Pty) Ltd v Master of the Free State High Court, Bloemfontein and Others (4006/2024) [2025] ZAFSHC 41 (13 February 2025)

Court

Free State High Court, Bloemfontein

Case number

4006/2024

Judges

Daffue, Grobler

The High Court dismissed a review of liquidation-account decisions, holding that Standard Bank’s claim was validly admitted and that the other objections lacked merit.

• Companies Act 1973 Section 407 Review
• Liquidation And Distribution Account
• Secured Creditor Priority
• Admission Of Claims In Liquidation
• Interest On Claims
• Costs In Liquidation

Bell v Bruwer N.O. and Others (971/2016)

Bell v Bruwer N.O. and Others (971/2016) [2016] ZAFSHC 212 (15 December 2016)

Court

Free State High Court, Bloemfontein

Case number

971/2016

Judge

J.P. Daffue

The court found that the applicant was a concurrent creditor with locus standi and that the trust was factually and commercially insolvent. The trustees themselves supported sequestration. The evidence showed that the trust had abandoned its business, the farm was deserted, and no financial assistance had materialized despite repeated promises. There was a reasonable prospect that sequestration would be to the advantage of creditors, including the possibility of dividends to concurrent creditors from insurance proceeds and sale of assets. The court rejected IDC's speculative turnaround plan a…

Source excerpt

• Final Sequestration
• Advantage To Creditors
• Secured Creditor Priority
• Costs Orders
• Insolvency Act
• Concurrent Creditors

Du Randt Richards Inc. Attorneys v Scheepers No and Another (29608/12)

Du Randt Richards Inc. Attorneys v Scheepers No and Another (29608/12) [2012] ZAGPJHC 239 (29 November 2012)

Court

South Gauteng High Court, Johannesburg

Case number

29608/12

Judge

Satchwell

High Court sequestration matter on whether there was an advantage to creditors under section 12(c) of the Insolvency Act.

• Insolvency Act Section 12c
• Advantage To Creditors
• Sequestration Procedure
• Secured Creditor Priority
• Insolvency-law
• Sequestration

Robert v No1 Bolussi Close CC (6767/2012)

Robert v No1 Bolussi Close CC (6767/2012) [2012] ZAWCHC 282 (7 August 2012)

Court

Western Cape High Court, Cape Town

Case number

6767/2012

Judge

Nyman AJ

The High Court discharged a provisional liquidation order, holding the applicant had not shown he was a creditor of the close corporation and liquidation would not be just and equitable.

• Winding Up Of Close Corporation
• Locus Standi
• Secured Creditor Priority
• Just And Equitable Ground
• Winding-up-of-close-corporation
• Locus-standi

Business Partners Ltd v Pieterse (11183/2008)

Business Partners Ltd v Pieterse (11183/2008) [2008] ZAWCHC 295 (17 November 2008)

Court

Western Cape High Court, Cape Town

Case number

11183/2008

Judge

Traverso

The High Court dismissed an application for final sequestration, holding that the applicant had not shown a real financial benefit to creditors.

• Final Sequestration
• Creditor Benefit Requirement
• Secured Creditor Priority
• Impeachable Transaction
• Final-sequestration
• Insolvency

Business Partners Limited v Pieterse and Another (11183/2008)

Business Partners Limited v Pieterse and Another (11183/2008) [2008] ZAWCHC 89 (17 November 2008)

Court

Western Cape High Court, Cape Town

Case number

11183/2008

Judge

Traverso

The court dismissed an application for final sequestration, finding no real benefit to creditors and only speculative prospects of recovery.

• Final Sequestration
• Benefit To Creditors
• Secured Creditor Priority
• Impeachable Transaction
• Final-sequestration
• Benefit-to-creditors

Singer NO v Master of the Supreme Court, Transvaal Provincial Division and Another (518/92)

Singer NO v Master of the Supreme Court, Transvaal Provincial Division and Another (518/92) [1994] ZASCA 60 (30 March 1994)

Court

Supreme Court of Appeal

Case number

518/92

Judges

E M Grosskopf, Nestadt, Eksteen, Harms, Olivier

The court considered whether interest linked to the sale of mortgaged property formed part of the “proceeds” distributable to a secured creditor in an insolvent deceased estate.

• Administration Of Deceased Estates
• Secured Creditor Priority
• Liquidation And Distribution Account
• Interest On Mortgage Claims
• Administration-of-deceased-estates
• Secured-creditor-priority