Capital Profound 2 (Pty) Ltd v Caterco CC (In Liquidation) and Others (18003/2014) [2019] ZAGPJHC 132 (30 April 2019)
The court found that both the issue of locus standi and the interpretation of section 37(1) read with section 37(2) of the Insolvency Act were fully canvassed in the original judgment. Upon reconsideration of the submissions made by both parties, the judge concluded that there are reasonable prospects of success on...
Source-derived case information.
- Citation
- [2019] ZAGPJHC 132
- Parties
- Applicant: Capital Propfund 2 (Pty) Ltd; Respondent: Caterco CC (In Liquidation); Respondent: Johannes Hendricus Du Plessis N.O.; Respondent: Tsakani Gladness Hlungwani N.O.
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Case Number
- 18003/2014
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 7 September 2018.
- Outcome
- Leave to appeal granted.
- Judges
- Z Carelse
- Legal Topics
- Locus Standi, Interpretation of Insolvency Act, Leave to Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Capital Propfund 2 (Pty) Ltd
Applicant
Caterco CC (In Liquidation)
Respondent
Johannes Hendricus Du Plessis N.O.
Respondent
Tsakani Gladness Hlungwani N.O.
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 7 September 2018.
Legal Issues
- 1 Whether the applicant had locus standi in the main application.
- 2 Proper interpretation of section 37(1) read with section 37(2) of the Insolvency Act 24 of 1936.
Ratio Decidendi
The court found that both the issue of locus standi and the interpretation of section 37(1) read with section 37(2) of the Insolvency Act were fully canvassed in the original judgment. Upon reconsideration of the submissions made by both parties, the judge concluded that there are reasonable prospects of success on appeal regarding both grounds. Therefore, leave to appeal to the Full Court of the Gauteng Local Division was granted.
Court Disposition
Leave to appeal granted.
Orders
- Leave to appeal to the Full Court of the Gauteng Local Division is granted.
- Costs are costs in the appeal.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION, JOHANNESBURG
CASE NO: 18003/2014
In the matter between:
Capital Propfund 2 (Pty) Ltd Applicant
and
Caterco CC (In Liquidation) First
Respondent
Johannes Hendricus Du Plessis N.O. Second
Respondent
Tsakani Gladness Hlungwani N.O. Third
Respondent
J U D G M E N T ON APPLICATION FOR LEAVE TO APPEAL
CARELSE J:
[1] This is an application for leave to appeal against my judgment and order which I delivered on 07 September 2018.
[2] The grounds of appeal are twofold:
2.1 The issue of locus standi of the applicant (in the main application); and
2.2 The interpretation of s37(1) read in s37(2) of the Insolvency Act No.24 of 1936
Both these issues were fully dealt with in my Judgment. Having considered the submission from both counsels, I am of the view that there are reasonable prospects of success on appeal.
[3] In the result I make the following order:
1. Leave to Appeal to the Full Court of the Gauteng Local Division is granted as set out in paragraph 2.
2. Costs are costs in the Appeal.
_________________
Z CARELSE
Judge of the High Court: Gauteng Local Division
Counsel for the Applicant: Adv R S Sheptone
Instructed by: Kokinis Incorporated
Counsel for Defendant: Adv J A Swanepoel
Instructed by:
Date of hearing: 24 April 2019
Date of judgment: 30 April 2019