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South Africa Case Law

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Civil Procedure [2024] ZAGPJHC 870

Nuharvest (Pty) Ltd and Others v Mcquarries N.O (084385/2024)

Nuharvest (Pty) Ltd and Others v Mcquarries N.O (084385/2024) [2024] ZAGPJHC 870 (26 August 2024)

The High Court struck an urgent application from the roll because the applicants failed to establish urgency for transfer of trust properties.

  • Urgency In Motion Proceedings
  • Trust Liquidation
  • Security For Liabilities
  • Transfer Of Property
  • Costs Order
  • Urgency-in-motion-proceedings
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Civil Procedure [2011] ZAECPEHC 45

Melville v Busane and Another (2067/2011)

Melville v Busane and Another (2067/2011) [2011] ZAECPEHC 45; 2012 (1) SA 233 (ECP); [2012] 1 All SA 675 (ECP) (18 August 2011)

The High Court held that a trust cannot be liquidated under the Companies Act 71 of 2008. If insolvent, the proper remedy is sequestration, not winding-up.

  • Winding Up
  • Trust Liquidation
  • Juristic Person Definition
  • Sequestration
  • Companies Act Interpretation
  • Trust-liquidation
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