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South Africa Case Law

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Civil Procedure [2020] ZANCHC 84

Thomas v Thomas and Another (2756/2018)

Thomas v Thomas and Another (2756/2018) [2020] ZANCHC 84 (13 November 2020)

Court
Northern Cape High Court, Kimberley
Case number
2756/2018
Judge
Mamosebo

The court found that the applicant's right, title and interest in the pending litigation under case number 202/2003 was known to the trustees and creditors, who, by resolution and conduct, elected not to monetize or lay claim to it. The trustees excluded the asset from the Liquidation and Distribution Account and did not oppose the applicant's rehabilitation. The correspondence between the applicant's attorneys and the trustees confirmed the trustees' intention not to pursue the claim and advised the applicant to seek a declarator from the court. The court held that the trustees and creditors…

Source excerpt

  • Insolvent Estate Assets
  • Rehabilitation Of Insolvent
  • Waiver Of Rights
  • Vesting Of Property
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Banking And Finance [2020] ZAGPPHC 181

Leathern N.O and Others v Reserve Bank of South Africa (41306/2019)

Leathern N.O and Others v Reserve Bank of South Africa (41306/2019) [2020] ZAGPPHC 181 (21 May 2020)

Court
North Gauteng High Court, Pretoria
Case number
41306/2019
Judge
Holland-Muter

The court found that the applicants, as trustees of the insolvent estate, are entitled to have the blocked funds in the relevant accounts vest in the estate. The blocking order issued under the Exchange Control Regulations does not operate to exclude the funds from the insolvent estate, as there is no statutory exclusion to that effect. The SARB failed to provide sufficient evidence that the funds were obtained by fraud or as agent, and its reliance on confidential information under section 33 of the Reserve Bank Act was not justified in the circumstances. The blocking order merely restricts…

Source excerpt

  • Exchange Control Regulations
  • Blocking Order
  • Insolvency Trusteeship
  • Vesting Of Property
  • Review Of Administrative Action
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Insolvency Law [1991] ZASCA 115

De Villiers NO v Delta Cables (Pty) Ltd (56/1990)

De Villiers NO v Delta Cables (Pty) Ltd (56/1990) [1991] ZASCA 115; 1992 (1) SA 9 (AD); [1992] 1 All SA 192 (A) (23 September 1991)

Court
Supreme Court of Appeal
Case number
56/1990
Judges
Van Heerden, Nestadt, Goldstone, Nicholas, Van Coller

The Supreme Court of Appeal held that section 21(1) of the Insolvency Act vests all property of the solvent spouse in the trustee of the insolvent estate as if it were property of the insolvent. This vesting is intended to bring about a concursus creditorum and to freeze the rights and priorities of creditors as at the date of sequestration. Any subsequent disposition or registration, including the registration of a surety mortgage bond based on a power of attorney executed before sequestration, is ineffective against the trustee and does not confer a real right or preference on the creditor.…

Source excerpt

  • Vesting Of Property
  • Concursus Creditorum
  • Surety Mortgage Bond
  • Rights Of Solvent Spouse
  • Insolvent Estate Priorities
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.