Taljaard and Another v The Land and Agricultural Development Bank of South Africa and Others

Project Multiply (Pty) Ltd and Velvet Cream 15 (Pty) Ltd were placed in provisional liquidation, and the Merwede Trust in provisional sequestration, in October 2022 at the instance of the Land Bank as a major creditor. The provisional orders were granted by agreement and later confirmed. Ms Sharnie Taljaard and Curro Consultancy (Pty) Ltd, who were not proven creditors, launched a series of applications seeking to halt the liquidation and sequestration proceedings, place the companies under business rescue, and challenge the Land Bank’s locus standi. After multiple failed applications, they brought an urgent application in the Northern Cape High Court for interim relief interdicting the liquidators and trustees from proceeding with the winding-up and from disposing of assets pending a rescission application. The High Court dismissed the interim application, primarily on the basis that the appellants lacked locus standi. The appellants appealed to the Supreme Court of Appeal against the dismissal of the interim relief.

The appeal was struck from the roll with costs, including the costs of the application for leave to appeal and the costs of two counsel where so employed.

The judgment reinforces South African appellate jurisprudence on appealability, confirming that interlocutory orders refusing interim relief are generally not appealable unless they have final effect or the interests of justice clearly demand appellate intervention. It underscores the duty of appellate courts to consider appealability as an anterior jurisdictional question, even where leave to appeal has been granted, and cautions against piecemeal appeals in insolvency-related litigation.