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South Africa Case Law

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Civil Procedure [2017] ZAGPJHC 467

Rodel Financial Services Proprietary Limited v O'Callaghan (2016/23121)

Rodel Financial Services Proprietary Limited v O'Callaghan (2016/23121) [2017] ZAGPJHC 467 (31 March 2017)

Court
South Gauteng High Court, Johannesburg
Case number
2016/23121
Judge
Windell

The court found that the applicant failed to prove an act of insolvency under section 8(b) due to the nulla bona return being stale and lacking sufficient detail. While the respondent's acknowledgment in the settlement agreement constituted an act of insolvency under section 8(g), the respondent provided credible evidence that her assets exceeded her liabilities and that her financial position had improved. The applicant did not demonstrate that sequestration would be to the advantage of creditors, as the respondent's assets were sufficient to satisfy the judgment and the applicant was the so…

Source excerpt

  • Provisional Sequestration
  • Act Of Insolvency
  • Advantage To Creditors
  • Settlement Agreement
  • Statement Of Assets And Liabilities
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Banking And Finance [2011] ZAKZDHC 3

First Rand Bank Ltd t/a First National Bank v Naidoo and Another, South African Bank of Athens v Naidoo (3869/2010, 8118/2010)

First Rand Bank Ltd t/a First National Bank v Naidoo and Another, South African Bank of Athens v Naidoo (3869/2010, 8118/2010) [2011] ZAKZDHC 3 (14 February 2011)

Court
Kwazulu-Natal High Court, Durban
Case number
3869/2010, 8118/2010
Judge
K. Swain

The court found that the applicant had established, on a balance of probabilities, that there are reasons for thinking that as a result of enquiry under the Insolvency Act, assets may be revealed or recovered for the benefit of creditors. Discrepancies and omissions in the respondent's statements of assets and liabilities, including undeclared interests in horses and immovable property, supported the conclusion that further investigation could benefit creditors. The respondent's alternative suggestion of interrogation under Section 152 was rejected due to his failure to fully disclose his fin…

Source excerpt

  • Final Sequestration
  • Advantage To Creditors
  • Insolvency Act Section 9
  • Statement Of Assets And Liabilities
  • Costs Of Sequestration
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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.

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