- The recent decision by the full bench of the Gauteng Division of the High Court in Ellison v Breytenbach N.O and Another (A278/2022) [2025] ZAGPPHC 565 (5 June 2025) sheds light on how South African courts handle the recognition of foreign insolvency judgments.
- The appellant was declared bankrupt in the UK in 2000 (UK bankruptcy order). The trustee appointed in the UK, along with a South African trustee, sought recognition of the UK bankruptcy order in South Africa to administer these assets.
- The High Court granted an order recognising the UK bankruptcy order, which was later challenged on appeal to the full bench of the Gauteng Division of the High Court, where the appellant argued that the High Court order effectively…

