Griffiths v Janse van Rensburg NO (20269/2014) [2015] ZASCA 158; [2015] JOL 34524 (SCA) (26 October 2015) per Gorven AJA (Shongwe, Pillay and Saldulker JJA concurring):
The Supreme Court of Appeal disallowed the appeal.
SCA Summary:
Insolvency ─ dispositions ─ requirement in s 29 of the Insolvency Act that dispositions must be made in the ordinary course of business ─ broad test restated and applied ─ dispositions made pursuant to void contracts ─ test not satisfied ─ dispositions correctly set aside ─ mora interest on an award setting aside such disposition under s 32(3) of the Insolvency Act ─ debt arises only on judgment ─ no amount due before judgment on which mora interest can run ─ mora interest to run only from date of judgment.
On appeal from: Eastern Cape Local Division of the High Court, Port Elizabeth (Brooks AJ sitting as court of first instance), judgment reported sub nom Janse van Rensburg NO & another v Griffiths [2014] 2 All SA 670 (ECP).
1 The appeal is dismissed with costs.
2 The cross-appeal is dismissed with costs.