K2013046547/07 (South Africa) (Pty) Ltd and Others v Hyde Construction CC and Another (513/2020) [2021] ZASCA 82 (17 June 2021)

Contract – Property Law – applicability of s 34(3) of the
Insolvency Act 24 of 1936 – whether transfer of property to purchaser and
bond passed over property is void for the purpose of enforcing a claim –
requirement that seller be a trader – onus to show that seller is not a trader
discharged – s 34(3) not applicable – transfer and hypothecation not void