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South Africa decisions
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Lourens N.O and Another v De Cerff N.O and Others (18727/2024) [2024] ZAWCHC 326 (22 October 2024)
The High Court provisionally sequestrated the ADC Family Trust, finding a liquidated claim, factual insolvency, and that sequestration would benefit creditors.
Mattheus Hermanus Wessels Fourie N.O and Another v Elani Botha N.O and Another v Kombani Holdings (Pty) Ltd and Others (23412/2021) [2022] ZAGPPHC 528 (20 July 2022)
The High Court discharged a provisional sequestration order after a co-creditor tendered repayment of the applicant’s claim, finding special circumstances and no benefit to creditors.
Osborne v Cockin and Others; Osborne v Cockin N.O. and Others (5618/2015, 6053/2015) [2016] ZAECGHC 19 (12 April 2016)
The court found that the applicant had established a strong prima facie case for the confirmation of the Anton Piller order and interim interdict. Documentary evidence, including a facility agreement signed by Marioth Janet Cockin as a partner, contradicted her denial of involvement in Cockin Partners and undermined the credibility of both Marioth and Mark William Cockin. The court concluded that their false denials were attempts to distance themselves and the Cockin Trust from Shaun Cockin's fraudulent conduct. The evidence showed significant intermingling of business operations among the Co…
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