Judgment: LVW Bester NO and Others v GM Maas NO and Another

28 July 2025

Dear Member

The applicants applied for the urgent provisional sequestration of the BHF Family Trust on the basis of an impeachable disposition in terms of Section 26 of the Insolvency Act.

The respondents countered that the matter was not urgent, the applicants lacked locus standi, the claim had prescribed and that the application was lis pendens.

The Court found that the urgency was self-created, the matter was struck from the urgent roll and awarded a punitive cost order.

This judgment was sent to us by Haroon Laher of Fasken Inc.

Take care,

René Bekker
Chief Operating Officer

  Judgment: LVW Bester NO and Others v GM Maas NO and Another. Case No:2025/071547