Kruger v Joint Trustees of Insolvent Estate Zulu and Another (1121 of 2015) [2016] ZASCA 163 (10 November 2016)

Administrative law – non-compliance with s 217 of the Constitution - contracts set aside.

Civil procedure – s 16(2)(a) of Superior Courts Act 10 of 2013 – decision on appeal having no practical effect - no live issue other than costs – no exceptional circumstances justifying a hearing on costs.

Civil procedure – Appeal – whether the appeal should be dismissed for mootness – s 16(2)(a) of the Superior Courts Act 10 of 2013 – relief sought in the appeal settled by a tender of the documents sought in an Anton Piller application – exceptional circumstances justifying a reconsideration of the appeal – procedure for further consideration of costs provided for in the interim order - issue of costs was not before the high court – high court costs order reversed

Provisional sequestration order sought on the grounds of s 83 and s 84 of the Banks Act 94 of 1990 – prima facie proof of non-compliance with the Prudential Authority’s directive issued under s 83 sufficient to found sequestration application – the fact that reliance was also placed on s 84 to establish insolvency of the respondents is of no moment as long it is shown on either ground that sequestration will be to the advantage of creditors – appeal against refusal to grant provisional sequestration upheld

Business rescue ─ appeal against an order granting a shareholder and a disputed creditor legal standing at meetings of creditors ─ settlement of appeal between primary litigants ─ removal of appeal ─ opposition to removal of appeal by intervening party ─ appellants contending the appeal moot ─ intervening party opposing the declaration of mootness ─ settlement between primary litigants rendering the appeal moot ─ appeal declared moot ─ intervention application struck from the roll.