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Axal Properties 2 CC v Kotze (712/2012) [2013] ZASCA 110

19th September 2013

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  • Axal Properties 2 CC v Kotze (712/2012) [2013] ZASCA 110
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Summary:
Interpretation of s 34(3) of the Insolvency Act 24 of 1936 – sale of property by close corporation to appellants, set aside by high court on basis that claim of respondent arose in connection with the business of the CC – correct approach to determine whether claim arises in connection with business of CC – claim of respondent did not arise in connection with business of CC – appeal against decision of South Gauteng High Court accordingly upheld.

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