Insolvency Act 24 of 1936 Archives

Sequestration issues considered: Provisional and final orders

by GilesFiles | Jan 14, 2025 | 2020 onwards, Applications, Causes and defences, Confirmed, Costs, Courts, Declaratory, Evidence & onus, Finance, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Pleadings: amending, Private enterprises, Rule nisi, SDJ Wilson, Sectors, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Provisional sequestration order: Appealable or not?

by GilesFiles | Apr 14, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Banks, Causes and defences, Costs, Courts, Declaratory, Finance, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, PA Meyer, Parties, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics, VM Ponnan | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Creditors lacking advantage: Costs contribution?

by GilesFiles | Mar 29, 2023 | 2020 onwards, Applications, BC and HOAs, Causes and defences, Community schemes, Condonation, Contractual breach, Costs, Courts, Evidence & onus, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Parties, Refused, Rule nisi, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

Body Corporate of Mionette v L When is there a prospect of exposing creditors to contributing to costs and creditors lacking any advantage by sequestrating an owner? “16. Upon adding the applicant’s claim, which is said to...

Disposition without value: Satisfied demand guarantee?

by GilesFiles | Dec 30, 2022 | 2020 onwards, Appeals, Appeals - leave, Banks, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Finance, Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

Cloete Murray NO v Humansdorp Co-operative Ltd When is payment in terms of a demand guarantee acceptable and does not amount to a disposition without value? “[29] Both parties agree that if the payment was made in terms of...

Setting aside sale: Execution and condonation refused

by GilesFiles | Oct 12, 2020 | 2020 onwards, Appeals, Appeals - leave, Applications, Banks, Causes and defences, Condonation, Consumer protection, Costs, Costs punitive, Courts, Disallowed, Interpretation etc, Judges, Legal Practice, Orders, Parties, Refused, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

Huysamen v Absa Bank Ltd Setting aside sale of property in execution not permitted when delay is caused by attorney and it is unacceptable for attorneys to rely on inexperience in conducting appeals because the appeal notice...

Disposition without value: Exception and ‘value’?

by GilesFiles | Sep 11, 2020 | 2020 onwards, Applications, BCEA 77(3) & 77A(e), Causes and defences, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Special pleas, Statutory, Topics | 0 |

Strydom NO v Snowball Wealth (Pty) Ltd Disposition without value or ‘not made for value’ interpretated by High Court in context of an exception to the pleadings and on the facts the disposition was clearly not for...

Plascon-Evans restated: Resolving factual disputes

by GilesFiles | Sep 13, 2019 | 2019, Causes and defences, Courts, Disputes: factual, Edwin Cameron, Evidence & onus, High Court, High Court judges, Judges, Labour Relations, Legal Practice, Statutes (LRL 2)-work, Topics | 0 |

Rota Investments CC v Swarts Plascon-Evans restated in the words of recently retired Justice Edwin Cameron in 2003, whilst still a judge of appeal in the Supreme Court of Appeal and before being elevated to the Constitutional...

Fraudulent scheme exposed: Final sequestration order

by GilesFiles | Aug 23, 2019 | 2019, Causes and defences, Courts, Disputes: factual, Hearsay, High Court, High Court judges, Judges, Labour Relations, Legislation, Sectors, Topics | 0 |

VBS Mutual Bank (in liquidation) v Madzonga Fraudulent scheme exposed at VBS Mutual Bank and high court exercised a discretion and granted a final sequestration order against an alleged co-perpetrator “who knowingly...

Van Heerden test: Remedial equality restitution

by GilesFiles | Jul 5, 2018 | 2018, 2018, Associations/corporates, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Insights, Judges, Landmark judgments, Legal Practice, Legislation, Management, Parties, Policies - all, Public policy, Topics | 0 |

Minister of Justice & Constitutional Development v Saripa The constitutional court considered the Van Heerden test and in particular pointed out that arbitrariness and rationality are separate requirements of the rule of...

Mora interest: Only from date of judgment

by GilesFiles | Oct 26, 2015 | 2015, Causes and defences, Courts, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Sectors, Supreme Court of Appeal, Topics | 0 |

Griffiths v Janse van Rensburg NO (20269/2014) [2015] ZASCA 158; [2015] JOL 34524 (SCA) (26 October 2015) per Gorven AJA (Shongwe, Pillay and Saldulker JJA concurring): The Supreme Court of Appeal disallowed the appeal. SCA...

Appointment policy: Discretion fettered unlawfully

by GilesFiles | Jan 13, 2015 | 2015, Associations/corporates, Discrimination (LRL 11), High Court, Legality principle, Public policy, Statutes (LRL 2)-work | 2 |

The Court held that a newly adopted policy concerning the appointment of insolvency practitioners was unlawful insofar as it fettered the master’s discretion by establishing a rote alphabetical system for the appointment of...

Domestic employees: included in Insolvency Act

by GilesFiles | Dec 19, 2014 | 2014 and earlier, Constitutional Court, Courts, Judges, Legislation, Statutes (LRL 2)-work | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Tag: Insolvency Act 24 of 1936