South Africa Case Law

De Wet and Another v R G and Associates (9406/2017)

De Wet and Another v R G and Associates (9406/2017) [2018] ZAWCHC 39 (26 February 2018)

Court

Western Cape High Court, Cape Town

Case number

9406/2017

Judge

N P Boqwana

The court found that the payments made to the respondent's trust account were dispositions of property by Solodor, effected just before its liquidation. The respondent was not a creditor of Solodor, and the payments were not for value to Solodor but were used for Van Staden Snr's personal benefit. The respondent failed to provide evidence that Solodor's assets exceeded its liabilities after the payments, nor that the payments were made in the ordinary course of business. The Power of Attorney did not authorize the use of Solodor's funds for personal legal expenses unrelated to its business. T…

Source excerpt

• Insolvency Act
• Voidable Preferences
• Disposition Without Value
• Liquidation
• Power Of Attorney
• Trust Account Misuse

De Wet N.O. and Another v R G and Associates (9406/2017)

De Wet N.O. and Another v R G and Associates (9406/2017) [2018] ZAWCHC 30 (26 February 2018)

Court

Western Cape High Court, Cape Town

Case number

9406/2017

Judge

N P Boqwana

The High Court set aside payments to an attorney’s trust account as impeachable dispositions under the Insolvency Act and ordered repayment to the liquidators.

• Insolvency Act
• Impeachable Disposition
• Voidable Preference
• Liquidation
• Trust Account Misuse
• Insolvency-act