Du Preez and Another v Hantle Infra Planning (Pty) Ltd and Others (1214/2021;1303/2021) [2023] ZAECQBHC 22 (4 April 2023)

Du Preez and Another v Hantle Infra Planning (Pty) Ltd and Others (1214/2021;1303/2021) [2023] ZAECQBHC 22 (4 April 2023)

The court found that the applicants, as prospective witnesses and not parties to the original ex parte application, lacked the necessary locus standi to seek an order declaring the enquiry order unlawful and void ab initio. Their interest in the proceedings was limited and did not entitle them to intervene after the order had been granted. The grounds for resisting such an order are narrowly confined to jurisdiction, hardship, or exceptional circumstances, none of which were present. The related costs application was dismissed as moot, since the enquiry had already been postponed and the applicants failed to challenge the commissioner's ruling through proper review proceedings. Costs were...

Citation
[2023] ZAECQBHC 22
Parties
Applicant: Carel Frederick Benjamin Du Preez; Applicant: Andre Swanepoel; Applicant: Pieter Pretorius; Applicant: Riana Pretorius; Respondent: Hantle Infra Planning (Pty) Ltd; Respondent: Andre Van Heerden N.O.; Respondent: Sune Smit N.O.; Respondent: Rene Bekker N.O.; Respondent: Master of the High Court Port Elizabeth
Court
Eastern Cape High Court, Gqeberha
Jurisdiction
South Africa
Judgment Date
4 April 2023
Case Number
1214/2021;1303/2021
Procedural Posture
Review Application / Final Judgment on Applications to Set Aside Ex Parte Order and for Costs
Outcome
The application under case number 1214/2021 is dismissed with costs. The application under case number 1303/2021 is dismissed as moot, with costs awarded against the applicants, jointly and severally.
Judges
Bands AJ
Legal Topics
Companies Act Section 417 418, Locus Standi, Ex Parte Orders, Liquidation Enquiry, Costs Order
Civil Procedure Commercial and Corporate Companies Act Section 417 418 Locus Standi Ex Parte Orders Liquidation Enquiry Costs Order

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Parties

Carel Frederick Benjamin Du Preez

Applicant

Andre Swanepoel

Applicant

Pieter Pretorius

Applicant

Riana Pretorius

Applicant

Hantle Infra Planning (Pty) Ltd

Respondent

Andre Van Heerden N.O.

Respondent

Sune Smit N.O.

Respondent

Rene Bekker N.O.

Respondent

Master of the High Court Port Elizabeth

Respondent

Procedural Posture

Review Application / Final Judgment on Applications to Set Aside Ex Parte Order and for Costs

Legal Issues

  1. 1 Do the applicants have locus standi to challenge the ex parte order authorising an enquiry under sections 417 and 418 of the Companies Act?
  2. 2 Should the order granted on 8 December 2020 be declared unlawful and void ab initio and set aside?
  3. 3 Are the applicants entitled to costs in the related application after the relief became moot?

Ratio Decidendi

The court found that the applicants, as prospective witnesses and not parties to the original ex parte application, lacked the necessary locus standi to seek an order declaring the enquiry order unlawful and void ab initio. Their interest in the proceedings was limited and did not entitle them to intervene after the order had been granted. The grounds for resisting such an order are narrowly confined to jurisdiction, hardship, or exceptional circumstances, none of which were present. The related costs application was dismissed as moot, since the enquiry had already been postponed and the applicants failed to challenge the commissioner's ruling through proper review proceedings. Costs were...

Court Disposition

The application under case number 1214/2021 is dismissed with costs. The application under case number 1303/2021 is dismissed as moot, with costs awarded against the applicants, jointly and severally.

Orders

  • The relief sought in part B of the application under case number 1214/2021 is dismissed with costs.
  • The applicants in case number 1303/2021 are ordered to pay the costs of the application, jointly and severally, the one paying, the other to be absolved.