Interesting Judgment: RB Bailey N O & Another v Enderstein Van Der Merwe Inc

16 October 2023

Members,

Please find attached the judgment of Mantame J of the Western Cape High Court.

The applicants are the Joint Trustees of the Laumas Trust and submitted that a payment of R1,5 million was made to the respondent at a time that the Laumas Trust was insolvent; the payment amounts to a disposition not for value in terms of Section 26(1)(b) of the Insolvency Act and falls to be set aside.

The Court held that the application had merit and declared the payment impeachable.

Kindly sent to us by Reneé Bailey of JJS Administrators.

Take care

René Bekker
Chief Operating Officer

  Judgment: RB Bailey N O & Another v Enderstein Van Der Merwe Inc. Case No: 9400/2022