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South Africa Case Law

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Civil Procedure [2016] ZAWCHC 4

Harris (9357/2015), Ex parte

Harris (9357/2015), Ex parte [2016] ZAWCHC 4; [2016] 1 All SA 764 (WCC) (26 January 2016)

The court found that Fairhaven's intervention was not bona fide and constituted an abuse of process. The evidence demonstrated that Fairhaven, acting through its controlling shareholder, acquired a claim in Harris's estate not for legitimate creditor purposes but to exert pressure and extort commercial advantage, including the acquisition of trust assets and payment of costs. The campaign of harassment, threats, and intimidation, as well as the use of insolvency procedures for ulterior motives, fell squarely within the definition of abuse of process. The statutory requirements for rehabilitat…

  • Rehabilitation Of Insolvent
  • Abuse Of Process
  • Creditor Intervention
  • Section 152 Inquiry
  • Trust Asset Diversion
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