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South Africa decisions
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Groenewald (M377/2022), Ex parte [2023] ZANWHC 121 (21 July 2023)
The High Court dismissed an ex parte application for voluntary surrender after finding the applicant had not shown sufficient facts or creditor advantage.
Bidvest Bank Limited v Moeng (42419/2021) [2022] ZAGPJHC 878 (14 November 2022)
After a sequestration application was withdrawn because the debt was settled, the court ordered the respondent to pay attorney-client costs for vexatious delay.
Ex parte: John William Snooke (752/2014) [2014] ZAFSHC 96; 2014 (5) SA 426 (FB) (27 June 2014)
The court finds that, although the applicant has formally complied with section 124(3) of the Insolvency Act, the process was marred by excessive legal costs, inadequate notification and reporting to creditors, and failure to distribute the free residue of the estate. The court expresses grave concern over the abuse of voluntary surrender procedures and the lack of benefit to creditors, noting that the only parties to benefit were the applicant, his attorney, and the trustees. The court holds that rehabilitation should not be granted until creditors are properly notified, given an opportunity…
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