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In South Africa, "provisional liquidation" has a very different meaning. When a creditor or other person applies to the court for the liquidation of a business, then the order is first made a provisional basis, and then subsequent confirmed (or not) at a full hearing, much like a decree nisi and a decree absolut in other jurisdictions.
A “debtor,” for the purposes of the Act, is “a person or a partnership, or the estate of a person or partnership, which is a debtor in the usual sense of the word, except a body corporate or a company or other association of persons which may be placed in liquidation under the law relating to companies.”
The North Gauteng High Court issued a provisional liquidation order on 7 November 2012, and decreed that the return date for the order would be 11 December 2012, at which time the court will rule on the final closure of the business. [8] On the same date, the Master of the High Court appointed Aviwe Ndyamara as the provisional liquidator.
The Constitution of the Republic of South Africa, 1996, as the supreme law of the Republic, provides the overarching framework for civil procedure; [6] the Constitution has been responsible for significant changes to civil procedure since its inception in the 1990s, as in, for example, debt collection matters, [7] access to the courts [8] and prescription, in particular with respect to ...
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Liquidation may either be compulsory (sometimes referred to as a creditors' liquidation or receivership following bankruptcy, which may result in the court creating a "liquidation trust"; or sometimes a court can mandate the appointment of a liquidator e.g. wind-up order in Australia) or voluntary (sometimes referred to as a shareholders ...
For it to order so-called “provisional measures," the 17-judge panel must decide that the court appears to have jurisdiction in the case, that there is a dispute between South Africa and Israel ...
First National Bank of SA Ltd v Lynn NO and Others [1] is an important case in South African contract law, especially in the area of cession.It was heard in the Appellate Division of the Supreme Court by Joubert JA, Nestadt JA, Van den Heever JA, Olivier JA and Van Coller AJA on 19 September 1995, with judgment passed on 29 November.