Interesting Judgment: Kullman v Hill & Others

31 October 2022

Members,

Please find attached a judgment handed down by a Full Bench of the South Gauteng, High Court.

This is an appeal against the setting aside of the dispositions made in favour of the appellant by the joint liquidators of a close corporation. The dispositions were set aside in terms of section 31 of the Insolvency Act read with section 339 of the Companies Act. The application to set aside the dispositions was instituted by the joint liquidators on the grounds of collusive conduct between the appellant and the close corporation, alternatively in terms of sections 30 and 29 of the Insolvency Act.

The appeal was dismissed with costs.

Kindly sent to us by Tracy Hill of Resolution Trust Company.

Take care
René Bekker
Chief Operating Officer

  Judgment: JPG Kullman v T Hill & Others. GJ Case: 2019/10128. Appeal Case: A5077/2021