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South Africa decisions
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S.L.M. v H.A.C (18281/2021) [2025] ZAGPJHC 687 (19 June 2025)
High Court divorce judgment ordering payment on equal division of a joint estate, plus levy reimbursement and sale of timeshare units, after rejecting tax-based objections.
Klein and Others v Sasfin Bank Limited and Others (14639/2019) [2024] ZAGPJHC 1320 (31 December 2024)
High Court trial over an alleged collusive disposition under section 31 of the Insolvency Act failed. The plaintiffs proved undervaluation, but not fraudulent collusion.
Kullman v Moloney and Others (2023/008569) [2023] ZAGPJHC 1290 (10 November 2023)
The High Court dismissed an opposed voluntary surrender application after finding that the applicant failed to prove reliable asset values, advantage to creditors, and good faith.
S E Ventures (Pty) Ltd v Kareeboom Kimberley (Pty) Ltd and Others (6017/2022) [2023] ZAFSHC 373 (4 October 2023)
The court found that SEV's application for business rescue was speculative and lacked a firm factual foundation. The four proposed rescue plans were reliant on uncertain future events, such as the approval and development of a 150 MW solar plant, for which necessary permits, approvals, and financing were not secured. Previous authorisations had lapsed, and there was no evidence of a binding lease agreement or financial capacity of Rodicon or any third-party developer. The asset valuation presented by SEV was unsupported, and the liquidators' valuation indicated that liabilities exceeded asset…
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Investec Bank Limited v Personify Investments (Pty) Ltd (D5622/2020;D5623/2020;D5624/2020) [2023] ZAKZDHC 60 (17 August 2023)
The High Court granted final winding-up orders against three companies, holding they were commercially insolvent and that Covid-19 did not excuse non-payment.
Firstrand Bank Limited v Basson N.O. and Others (16052/2020) [2023] ZAGPJHC 132 (10 February 2023)
The applicant failed to establish factual insolvency, as there was a genuine dispute regarding the value of the Trust's assets, particularly the Mullers-Rust property. The applicant did not prove that the Trust committed acts of insolvency under section 8(b) or 8(g) of the Insolvency Act, as the sheriff's returns did not meet the required standards and the statements relied upon did not amount to admissions of inability to pay debts. Furthermore, the applicant did not demonstrate that sequestration would benefit creditors, given its position as the major creditor and the existence of first mo…
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Boast v Nedbank Limited and Another (46844/20) [2022] ZAGPPHC 106 (18 February 2022)
High Court dismissed an application for voluntary surrender of estate, finding the applicant failed to prove advantage to creditors and relied on inadequate valuations.
Shackleton Credit Management (Pty) Ltd v Ngakatau and Another (2020/38729) [2022] ZAGPJHC 58 (11 February 2022)
The High Court granted provisional sequestration of the respondents’ joint estate, rejecting a Rule 46A objection and finding reason to believe creditors would benefit.
Ex Parte: Steers; Ex Parte: Coetzer; Ex Parte: Coetzer; Ex Parte: Lyners, Lessing v Oosthuizen (12167/21;17067/21;14603/21; 9557/21;15530/21) [2021] ZAWCHC 246 (26 November 2021)
The court refused four voluntary surrender applications and one friendly sequestration application for lack of full disclosure, reliable valuations, and proof of creditor advantage.
Seevnarayan v Ramjathan (38751/2019) [2021] ZAGPJHC 46 (16 April 2021)
The court found that the applicant, as a judgment creditor with a liquidated claim, had established locus standi and that the respondent had committed an act of insolvency. The respondent's substantial monthly income, ownership of luxury vehicles, and immovable property indicated that he is a person of considerable financial means. The court accepted the applicant's valuation report as more than a bald assertion, noting its statistical basis and comparative sales data. The respondent's claims regarding ownership of movables and lack of equity in the property did not negate the prospect that a…
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