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South Africa Case Law

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Banking And Finance [2024] ZANWHC 29

De Villiers and Another (M108/2023), Ex parte

De Villiers and Another (M108/2023), Ex parte [2024] ZANWHC 29; [2024] 2 All SA 67 (NWM) (9 February 2024)

Court
North West High Court, Mafikeng
Case number
M108/2023
Judge
Petersen

The High Court refused rehabilitation of a joint insolvent estate after finding a questionable cession and withdrawal of the only proved claim, and inadequate disclosure.

  • Rehabilitation Of Insolvent Estate
  • Full And Frank Disclosure
  • Creditor Contribution Liability
  • Sequestration Advantage To Creditors
  • Contrived Cession Agreement
  • Rehabilitation-of-insolvent-estate
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Banking And Finance [2023] ZAKZPHC 101

Le Sueur v Stainton (12504/2022P)

Le Sueur v Stainton (12504/2022P) [2023] ZAKZPHC 101 (6 October 2023)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
12504/2022P
Judge
A M Annandale

The High Court confirmed a provisional sequestration order, finding a reasonable prospect that enquiry could reveal assets for creditors despite the respondent’s denial of assets.

  • Sequestration Advantage To Creditors
  • Insolvency Act Section 12
  • Nulla Bona Return
  • Pecuniary Benefit
  • Trust Asset Investigation
  • Sequestration
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Civil Procedure [2021] ZAGPJHC 724

Engen Petroleum Limited v Sing (2019/29582)

Engen Petroleum Limited v Sing (2019/29582) [2021] ZAGPJHC 724 (12 November 2021)

Court
South Gauteng High Court, Johannesburg
Case number
2019/29582
Judge
Mkhabela

The High Court confirmed a provisional sequestration order, finding reason to believe final sequestration would benefit creditors under section 12 of the Insolvency Act.

  • Insolvency Act Section 12
  • Sequestration Advantage To Creditors
  • Surety Liability
  • Nulla Bona Return
  • Insolvency-act-section-12
  • Sequestration
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Civil Procedure [2021] ZAGPJHC 720

Engen Petroleum Limited v Vishal (2019/29582)

Engen Petroleum Limited v Vishal (2019/29582) [2021] ZAGPJHC 720 (12 November 2021)

Court
South Gauteng High Court, Johannesburg
Case number
2019/29582
Judge
Mkhabela

The High Court granted final sequestration, finding reason to believe creditors would benefit from an investigation into the respondent’s affairs.

  • Insolvency Act Section 12
  • Sequestration Advantage To Creditors
  • Nulla Bona Return
  • Onus Of Applicant
  • Insolvency
  • Sequestration
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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.