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WILKEN F.J // FREYSEN WILLIE NO

CASE NUMBER: 2019/08813

JOHANNESBURG HIGH COURT

 

The latest on this important matter:

i)              In terms of the Judgment by the Honourable Judge Dippenaar, receiver and liquidator of divorce estates fees are guarded by Section 84(1)(b) of the Administration of Estates Act 66 of 1965, that is if the letter of authority does not deal with the receiver and liquidators fees. That is the matter herein.

ii)             In this matter Mr. Freysen was instructed by the Court to submit his account in terms of Section 84(1)(b) to the Master.

iii)            Mr. Freysen did draw and submit an Administration Account which is attached hereto. Subsequent to the drawing of the Account there is two problems namely:

a)    Mr. Freysen’s Account is excessive to the amount of R710 472-51.

b)    The Master is not willing to assess the account.

c)     It is not apparent from Mr. Freysen’s account if the sale proceeds were invested.

iv)            The following now needs to be done:

d)    Application be made against the Master and Mr. Freysen to compel the Master to assess.

e)    Have Mr. Freysen’s account assessed and request that his fees be waived due to his reluctance to account to the Applicant and as the Honourable Judge remarks “that he was been manifesting remiss in doing so:

f)      Bring an Application to compel Mr. Freysen to invest the client’s funds. We do not understand that Mr. Freysen can refuse to invest client’s funds. What would the reason be to refuse? The court need to decide.

 

We shall keep you posted on the further developments.

 

Click HERE to view this Judgement

 

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PARACHUTE SYSTEMS (PTY) LTD

(REG NO: 2016/399143/07)

 

CASE NUMBER: D6288/209

DURBAN HIGH COURT

 

We successfully brought an ex-parte liquidation Application which was granted on the 20th of February 2020 in the Durban High Court of South Africa.

 

Congratulations to Advocate van Rooyen and my office.

Well done for showing them how to do it.

 

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September 2019

 

WILKEN FREDERICK JACOBUS APPLICANT

 

FREYSEN WILLIE RESPONDENT

 

CASE NUMBER:8813/2019

JOHANNESBURG HIGH COURT

 

Judgement received in the above matter. After a year of fighting for our client’s rights against Freysen Attorneys we now won the matter.

 

Congratulations Adv. Jaco Carstens and my office.

 

Well done for showing them how to do it.

 

Click HERE to view this Judgement

 

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JACQUIE MEYER- APPLICANT

DYKES VAN HEERDEN(GAUTENG) INC ATTORNEYS - FIRST RESPONDENT

JOLINE MARIA SMUTS N.O - SECOND RESPONDENT

CASPER JEREMIAH SMUTS N.O THIRD RESPONDENT

 

CASE NUMBER: 38466/2018

JOHANNESBURG HIGH COURT

 

An urgent Application brought against our clients, the Smutses on the 25th of October 2018. Matter settled after two weeks of hard work. The Application by Jacquie Meyer was unfounded as the contract had lapsed and confirmed by the Judge with a order of costs granted. Well done to our team including Jaco Carstens, Zareen Magee and Gui Ficq.

 

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CHRISTOFFEL JOHANNES VAN NIEKERK & ELIZABETH CATHARINA MAGRIETHA VAN NIEKERK // VOLUNTARY SURRENDER

 

CASE NUMBER M338/2018

MAHIKENG HIGH COURT

 

Application for surrender, granted on the 25th of OCTOBER 2018. Client’s properties situated in North West. Master Mahikeng appointed wrong liquidators. We protected our clients interests, obtained Obaro’s claims and had Jaap Oelofsen Trustees Appointed on the 1st Creditors meeting which took place on the 2nd of January 2019.

 

Well done Zareen Magee and to Advocate C.J Zwiegelaar for another successful Application and the team who attended the 1st Creditors Meeting.

 

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CITY OF TSHWANE METROPOLITAN MUNICIPALITY                 Applicant

and

DANKOSTEP (PTY) LTD                                                                  Respondent

 

CASE NUMBER: 5055/2018

PRETORIA HIGH COURT

 

We provisionally liquidated Dankostep (PTY) LTD.

Dankostep brought an urgent Application for a 3rd party to enter.

Said Application was dismissed with costs.

 

Well done Adv. Jaco Vorster and Leandri of our offices.

 

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DESIA WALKLEY                                 APPLICANT

DAVID KURTZAHN WALKLEY             FIRST RESPONDENT

MARCEL HUGLI                                   SECOND RESPONDENT

AUCTION PRO                                     THIRD RESPONDENT

WALKLEY & SONS (PTY) LTD             FOURTH RESPONDENT

CASE NUMBER: 36593/2018

PRETORIA HIGH COURT

 

An urgent Anton Pillar and a further urgent Application brought against our client Dave Walkley. Matter settled after three weeks of hard work. The Applications against Dave Walkley was unfounded and confirmed by the Judge. Well done to our team including Jaco Carstens, Zareen Magee and Gui Ficq.

 

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PAUL JACOBUS BURGER & CHARMAIN ELIZABETH BURGER // VOLUNTARY SURRENDER

CASE NUMBER 11342/2018

JOHANNESBURG HIGH COURT

Application for surrender, granted on the 07th of JUNE 2018. Client’s property situated in Discovery Roodepoort. ABSA Bank did not oppose the Application.

Well done Zareen Magee and to Advocate Jaco Carstens from Johannesburg.

 

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BUILCON CC // LIQUIDATION

CASE NUMBER: 11565/2018

JOHANNESBURG HIGH COURT

 

Ex-parte liquidation granted on the 20th of JUNE 2018:

Final order granted in Johannesburg High Court. None of the creditors opposed the Application even after all the creditors were notified.

Well done Zareen Magee and to Advocate Jaco Carstens from Johannesburg.

 

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ADRIAANSE: JOHANNES JACOBUS N.O / ADRIAANSE: ADRIANA JAKOBA N.O / VAN DER WALT: HESTER CECILIA N.O. on behalf of the ADRIAANSE FAMILIE TRUST / TRUST NO: IT13115/07 // HEUWELKOR TIEN (PTY) LIMITED

CASE NUMBER: 14/41958

JOHANNESBURG HIGH COURT

Application in terms of Section 83(4) of the Companies Act.

Application for liquidation of Heuwelkor Tien (Pty) Ltd.

The end of a three year battle. Notwithstanding the opposition by Leonie Anne Malan the above orders were granted. Malan refused to comply with the Companies Act, conducted the business at Heuwelkor trading as The Bond while being deregistered. She attempted to mislead the Court but did not succeed. The presiding Judge was Justice Masipa.

After the reinstatement we applied for Heuwelkor's liquidation. Once again Malan and Heuwelkor attempted to mislead the Court but to no avail. The final liquidation order was granted on the 18th of April 2016. Now to set aside all disputes and sell The Bond. Well done to Lozaan du Plessis, Advocate Robbertse and Advocate J Carstens.

 

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SIBISI Y.B. // DEPARTMENT OF HOME AFFAIRS / THE MASTER OF THE HIGH COURT, JOHANNESBURG / RAMOSHABA M.N.

CASE NUMBER: 2016/3436

JOHANNESBURG HIGH COURT

Application for the registration of a customary union in terms of Section 4 of Act 120 of 1998. Notwithstanding being opposed, the order was granted.

Well done to Lozaan du Plessis, Archibald Masogo and Advocate J Carstens.

 

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WOODS, ARTHOR HILTON // VOLUNTARY SURRENDER

CASE NUMBER 2016/10849

JOHANNESBURG HIGH COURT

Application for surrender, granted on the 05th of May 2016. Client’s property sold in execution by Nedbank. Property sold at below valuation. Notwithstanding Nedbank's intention to oppose, the Application was granted.

Well done to Zareen Magee and Advocate J. Carstens.

 

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KONINKLIJKE JOH. ENSCHEDÉ B.V. vs. SOUTH AFRICAN POST OFFICE LIMITED

CASE NUMBER: 87056/2015

PRETORIA HIGH COURT

 

Summary Judgment Application:

 

Summons issued for €1 613 000,00 for the manufacture and purchase of the Nelson Mandela stamps. The South African Post Office defended. The Application for Summary Judgment to be heard on Monday the 25th of January 2016.

 

We shall keep you posted on developments and the outcome.

 

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ASH PLANT CC // KHAYALALETHU HOMES CC

CASE NUMBER: 95112/2015

PRETORIA HIGH COURT

 

Liquidation granted on the 18th of January 2016:

 

Provisional Liquidation granted with return date. The Respondent did not oppose the Application.

 

Well done office and to Advocate Jako Vorster of Pretoria.

 

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CITY OF TSHWANE METROPOLITAN MUNICIPALITY // LYNNWOOD FORUM (PTY) LTD 

CASE NUMBER: 2015/3063

GAUTENG DIVISION, PRETORIA

 

A provisional order was granted after Lynnwood Forum (PTY) Ltd refused to pay the city Council.  The Provisional order was discharged after payments were settled.  Lynnwood Forum (PTY) Ltd, notwithstanding filing legal arguments did not wish to argue and rather settled.  Well done to the office and Advocate Jako Vorster. 

 

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MERAFONG CITY LOCAL MUNICIPALITY // FOCH ABATTOIR AND COLD MEATS CC

CASE NUMBER: 15/23367

GAUTENG LOCAL DIVISION, JOHANNESBURG

 

Foch Abattoir and Cold Meats CC were successfully liquidated on the 6th of October 2015.  Notwithstanding proper notice they still did not oppose.  What is the reason for that?  Well done to the office and Advocate Robbertse. 

 

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MERAFONG CITY LOCAL MUNICIPALITY // TEXLAND MEAT (PTY) LTD

CASE NUMBER: 2015/24227

GAUTENG LOCAL DIVISION, JOHANNESBURG

 

Texland Meat (PTY) Ltd was liquidated on the 11th of August 2015 without any opposition.  Texland Meat (PTY) Ltd appears to be rather large with creditors in the excess of R20,000,000.  I believe a compromise will be reached.  Well done to the office and Advocate Robbertse

 

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