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South Africa decisions
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Mashele v Gildenhuys Malatji Attorneys and Others (118227/2024) [2025] ZAGPPHC 313 (25 March 2025)
The High Court ordered Moribe Attorneys to pay Road Accident Fund proceeds to the applicant, and authorised payment of trust-held costs to her attorneys.
Oreways Mining SA Pty Ltd v Magoma Attorneys and Another (2625/2024) [2024] ZANCHC 112 (23 October 2024)
The High Court granted urgent interim relief and a rule nisi restraining dissipation of R7 million held in trust, pending Part B final relief.
Van Der Merwe and Associates Incorporated v Muller N.O and Others (117119/2023) [2024] ZAGPPHC 991 (2 October 2024)
The court found that the funds held in trust by the applicant, Van Der Merwe and Associates Incorporated, constitute assets of the insolvent company and must be recovered by the liquidators in terms of section 391 of the Companies Act 61 of 1973. The fourth claimant, Mr Viljoen, as a judgment creditor, does not have a legal entitlement to direct payment of the funds held in trust, but retains the right to lodge a claim as a creditor of the insolvent estate. The court relied on established principles that, upon liquidation, all assets—including those held in trust or attached in execution—vest…
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Lucietto N.O. v Wellman and Others (1697/2023) [2023] ZAECMKHC 102 (26 September 2023)
The High Court confirmed a rule nisi directing payment of R350,000 to an executrix from sale proceeds, finding urgency, valid service, and no genuine dispute of fact.
West Dunes Properties 142 (Pty) Ltd v Subtinix (Pty) Ltd and Another (94789/2019) [2021] ZAGPPHC 869 (15 November 2021)
High Court dismissed a section 18 application seeking trust-payment relief pending appeal, finding section 18 cannot create new obligations beyond suspending execution.
Edmalux (Pty) Ltd v Van Hulsteyns Attorneys and Another (26373/2016) [2017] ZAGPJHC 75 (16 March 2017)
The court found that the agreement of sale had lapsed due to the applicant's failure to pay the deposit to the auctioneer as required, rendering the agreement null and void. In such circumstances, each party must restore what was received, and the applicant is entitled to repayment of the capital amount held in trust. Even if the agreement had not lapsed, the forfeiture clause did not entitle the seller to retain amounts earmarked for SARS, such as transfer duty, as these were not paid to the seller but to a third party. The second respondent's cancellation based on alleged non-compliance wit…
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Zuri Concepts and Projects CC v Infinite Travel and Tours (Pty) Ltd and Another (19629/16) [2016] ZAGPJHC 404 (24 June 2016)
Urgent interdict application dismissed in a joint venture dispute over funds held in an attorney’s trust account, with each party ordered to pay its own costs.
Van Staden N.O. and Another v Strydom N.O. and Others (19761/12) [2014] ZAGPPHC 10 (4 February 2014)
The court dismissed a liquidators’ claim to trust funds, finding insufficient proof of an agency relationship between Freightsolve and Gigworx.
Maryn N.O. and Another v Anton N.O. and Others (19761/12) [2014] ZAGPPHC 5 (4 February 2014)
The High Court dismissed a liquidators’ claim to trust-held funds, finding insufficient proof of an agency relationship between Freightsolve and Gigworx.
Morgan Abattoir (Pty) Ltd v Master of the High Court Pretoria NO and Others (72380/2012) [2013] ZAGPPHC 202 (3 July 2013)
High Court review concerning whether recovered funds from an attorney trust account fell within a cession of debts and security in liquidation.
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