South Africa Case Law

Van Der Merwe and Others v UTI South Africa Proprietary Limited and Others (11033/2014)

Van Der Merwe and Others v UTI South Africa Proprietary Limited and Others (11033/2014) [2014] ZAKZDHC 61 (17 December 2014)

Court

Kwazulu-Natal High Court, Durban

Case number

11033/2014

Judge

Annanbale

The court held that SARS had security for unpaid duty and VAT, but no embargo preventing liquidators from taking possession and realising the imported equipment.

• Customs And Excise Liens
• Statutory Preference
• Liquidation Distribution
• Release Of Assets
• Ranking Of Creditors
• Customs-and-excise-liens

Firstrand Bank Limited v Master of the High Court and Others (31482/2005)

Firstrand Bank Limited v Master of the High Court and Others (31482/2005) [2006] ZAGPHC 164 (4 April 2006)

Court

High Courts - Gauteng

Case number

31482/2005

Judge

Pretorius

The court held that the Land and Agricultural Development Bank Act, 15 of 2002, applies only to advances made after its commencement date of 10 June 2002. Advances made prior to this date, including those under the repealed 1944 Act, do not qualify for the statutory preference under the new Act. The Landbank cannot establish a preferential right in the insolvent estate without complying with section 33(3)(b) of the 2002 Act, which requires a court order. Mere undertakings by the trustee or reliance on section 90 of the Insolvency Act are insufficient to establish such a right. The Master's de…

Source excerpt

• Preferent Creditor Status
• Liquidation And Distribution Account
• Insolvency Act Application
• Land And Agricultural Development Bank Act
• Statutory Preference
• Court Order Requirement