7/6/2023 0 Comments Actio pte ltd website![]() That the person who receives from the debtor does not receive his own property (secs. 8 to 12),ģ. That it should be of such a nature that the debtor's assets are diminished thereby (secs. 6 and 7).Ģ. Transaction may be rescinded under this edict the following factors must be present:ġ. Might be sought was the actio Pauliana , which is recognised in the RomanDutch authorities. Pothier on the _Pandects, _ 42.8 says: "In order that a 'The common law on the subject of rescinding alienations made _in fraudem creditorum _ is derived from the civil law. One of the actions by which this relief Actio Pauliana: The requirements for the actio Pauliana were set out in Fenhalls v Ebrahim & others : The plaintiff, in its capacity as a concurrent creditor of Salvage, seeks the return of the property from the excipients to Salvage so that it can be dealt with as an asset in the estate of Salvage. For ease of reference, I shall refer to the respondent (Ameropa) as the "plaintiff" and the trust as "the defendants" or "the excipients". The property was alienated to the VRB Trust (the trust) of which the first, second and third defendants are the trustees. The fourth defendant (Salvage) has since been liquidated and does not defend the action. The action is defended by the trust, which has excepted to the amended particulars of claim. The plaintiff's action is based on the common law remedy actio Pauliana. ![]() The plaintiff has instituted action against the first to third defendants for the recovery of the immovable property described as Portion 6 of Erf 432 Bellair, Registration Division FT, Province of KwaZuluNatal, in extent 5040 square metres, with street address at 120 Stella Road, Hillary, Queensburgh (the property), that was fraudulently alienated by the fourth defendant prior to its liquidation. Plaintiff is seeking an order declaring the transfer of the property on 30 April 2015 from the fourth defendant to the VRB Trust No. IT020493/2014 as having being done in fraud of the creditors and falls to be set aside. (b) Failure to attach the sale agreement (cause of action). ORDER: It is ordered: The exception is dismissed with costs.Ģ020 JDR 1223 p Judgment Steyn J: This is an exception to the plaintiff's amended particulars of claim dated 5 July 2019, brought by the first to third defendants, on the grounds of: (a) Nonjoinder of the Registrar of Deeds, Pietermaritzburg. Property 4 Registrar of Deeds not having direct substantial interest in matter and would not be prejudicially affected by order sought 4 Exception dismissed. ![]() SummaryĪction 4 Parties 4 Exception of nonjoinder 4 Of Registrar of Deeds in action against first to third defendants for recovery and retransfer of immovable Salvage & Stockfeed Parcels CC (in liquidation) Louise Groenewald NO. Plaintiff Ameropa Commodities (Pty) Limitedĭefendant Verna Regina Benchimol NO.
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