Ansafon (Pty) Ltd v The Master, Northern Cape Division of the High Court of South Africa and Others

Diamond Core Resources (Pty) Ltd was placed in final liquidation in July 2009. Its shares were later acquired by Ansafon (Pty) Ltd, which settled the company’s debts and applied to set aside the liquidation. A rule nisi was issued requiring Ansafon to provide security for the fair and reasonable administration fees and expenses of the liquidators as determined by the Master. On 1 September 2010, the Master determined an amount of security (R11 309 750). By consent, the liquidation was set aside on 27 September 2010, with an order that Ansafon pay the fair and reasonable administration fees and expenses of the liquidators as determined by the Master, subject to review or appeal. A dispute later arose when liquidators submitted fee accounts exceeding R32 million. Ansafon sought to interdict the Master from confirming the accounts and sought declaratory relief that the Master’s September 2010 determination was final. The High Court dismissed the application, leading to this appeal.

The appeal was dismissed with costs, except that the costs order of the High Court was amended to award Ansafon the costs of the urgent interlocutory application and the application for postponement, payable jointly and severally by the respondents.

The case is significant for clarifying the interpretation of consent court orders in liquidation contexts, particularly distinguishing between security for fees and the determination of actual liquidators’ remuneration. It reinforces the Endumeni approach to interpretation and confirms the strict requirements for interdictory and declaratory relief in South African procedural law.