Come What May Properties (Pty) Ltd and Another v Master of the South Gauteng High Court Johannesburg and Others (6414/09) [2009] ZAGPJHC 124 (12 June 2009)

Come What May Properties (Pty) Ltd and Another v Master of the South Gauteng High Court Johannesburg and Others (6414/09) [2009] ZAGPJHC 124 (12 June 2009)

The court held that after the discharge of the liquidation order, the statutory provisions of the Companies Act relating to liquidation no longer apply to the company. The Master's confirmation of the intromission account was not an act performed under any legislation but rather pursuant to internal policy. Consequently, the confirmation is not reviewable under the Companies Act or the Promotion of Administrative Justice Act. The applicants' case, premised on the alleged contravention of statutory provisions, was misconceived. The only duty remaining for the liquidators after discharge is to account to the company, not under statutory liquidation procedures. Relief sought by the...

Citation
[2009] ZAGPJHC 124
Parties
Applicant: Come What May Properties (Pty) Ltd; Applicant: Mega Super Cement CC; Respondent: Master of the South Gauteng High Court Johannesburg; Respondent: Aphane Bennett; Respondent: Van der Merwe, Liebenberg Dawid Ryk; Respondent: Moloto, Lebogang Michael; Respondent: Malatsi-Teffo, Lily Mampina
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
12 June 2009
Case Number
6414/09
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
Claassen
Legal Topics
Liquidation Discharge, Review of Administrative Action, Remuneration of Liquidators, Confirmation of Accounts
Civil Procedure Commercial and Corporate Liquidation Discharge Review of Administrative Action Remuneration of Liquidators Confirmation of Accounts

Case Brief

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Parties

Come What May Properties (Pty) Ltd

Applicant

Mega Super Cement CC

Applicant

Master of the South Gauteng High Court Johannesburg

Respondent

Aphane Bennett

Respondent

Van der Merwe, Liebenberg Dawid Ryk

Respondent

Moloto, Lebogang Michael

Respondent

Malatsi-Teffo, Lily Mampina

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Master of the High Court's confirmation of the intromission account after discharge of liquidation is reviewable under the Companies Act or the Promotion of Administrative Justice Act.
  2. 2 Whether statutory liquidation provisions apply after discharge of liquidation.
  3. 3 Whether liquidators have a duty to account to the company after discharge from liquidation.

Ratio Decidendi

The court held that after the discharge of the liquidation order, the statutory provisions of the Companies Act relating to liquidation no longer apply to the company. The Master's confirmation of the intromission account was not an act performed under any legislation but rather pursuant to internal policy. Consequently, the confirmation is not reviewable under the Companies Act or the Promotion of Administrative Justice Act. The applicants' case, premised on the alleged contravention of statutory provisions, was misconceived. The only duty remaining for the liquidators after discharge is to account to the company, not under statutory liquidation procedures. Relief sought by the...

Court Disposition

Application dismissed with costs.

Orders

  • The 1st and 2nd applicants' application is dismissed with costs.
  • These costs are to be regarded as costs of administration in the liquidation of the 2nd applicant.