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South Africa decisions
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Augostine v Haywood N.O and Others (3635/2018) [2019] ZALMPPHC 58 (6 December 2019)
The court dismissed a solvent spouse’s claim to release immovable property under section 21 of the Insolvency Act, but ordered release of movable household assets.
Meyerowitz v Motsheka N.O and Others (2013/37016) [2014] ZAGPJHC 309 (31 October 2014)
The court found that the applicant acquired the property from her mother in 2005 by way of an arms-length sale, financed through her own credit standing and mortgage finance. The intention of the parties was that the applicant be the sole owner, and the transaction was not simulated or designed to defeat the rights of creditors. Although the applicant and her husband pooled their incomes to service the bond and other obligations, this did not render the property part of the insolvent's estate. The applicant's title to the property was valid as against creditors at the time of acquisition, and…
Source excerpt
Beeston v Matsepe and Others (5700/2007) [2008] ZAFSHC 21 (24 April 2008)
The court partially granted a spouse’s application to release assets from an insolvent estate, accepting proof for some property but not for others.
Beddy NO v Van der Westhuizen (323/97) [1999] ZASCA 32; [1999] 3 All SA 227 (A) (24 May 1999)
The Supreme Court of Appeal held that the solvent spouse failed to prove valid title under section 21(2) of the Insolvency Act because the sale was a collusive donation disguised as a sale.
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