Judgment: JCC Roux v K Fortein NO and others

17 June 2025

Dear Member

This is an appeal to a Full Bench of the High Court, Bloemfontein.

The appellant challenged an order requiring repayment of R107,553.75 received from a debtor of a close corporation after its provisional liquidation.

The Court upheld the order, finding the payment violated the concursus creditorum by unfairly preferring the appellant over other creditors. The appeal was dismissed with costs.

Kindly sent to us by Haroon Laher of Fasken Inc.

Take care,

René Bekker
Chief Operating Officer

  Judgment: JCC Roux v K Fortein NO and others. Appeal case no: A170/2023