Judgment: Pick 'n Pay Retailers (Pty) Ltd v Ramalho, NO and Another

03 July 2025

Dear Member

Attached the judgment of Pick ‘n Pay Retailers (Pty) Ltd v Ramalho, NO and Another (946/2023) [2025] ZASCA 97 (2 July 2025), handed down electronically by the Supreme Court of Appeal yesterday afternoon.

The decision addresses several important insolvency law principles, particularly:

• The concursus creditorum and post-liquidation payments under pre-existing mandates;
• The termination of mandates on liquidation, especially relating to agents handling funds on behalf of the insolvent; and
• The nature and/or consequences of executory contracts in liquidation.

Kindly sent to us by Bernhard Richter of Richter Inc.

Take care,

René Bekker
Chief Operating Officer

  Judgment: Pick ‘n Pay Retailers (Pty) Ltd v Ramalho, NO and Another. Case No:946/2023