Halocure (Pty) Limited v Mostert (25317/2018) [2019] ZAGPPHC 168 (31 May 2019)

Halocure (Pty) Limited v Mostert (25317/2018) [2019] ZAGPPHC 168 (31 May 2019)

The applicant and first intervening applicant satisfied all statutory requirements for final sequestration, including proving their claims, acts of insolvency, and advantage to creditors. The respondent's sole defence regarding the costs tender was dismissed as meritless, since a tender to pay costs is equivalent to a court order. The second intervention application was dismissed due to lack of authority and failure to prosecute, with costs awarded jointly and severally against Valley of the Kings (Pty) Ltd and its deponent, Thomas Hendrick Samons, on an attorney and own client scale, as the application was found to be a delaying tactic.

Citation
[2019] ZAGPPHC 168
Parties
Applicant: Halocure (Pty) Limited; Respondent: Phillipus Jacobus Mostert; Applicant: Al Mayya International Limited (BVI); Respondent: Valley of the Kings (Pty) Ltd; Respondent: Thomas Hendrick Samons
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
31 May 2019
Case Number
25317/2018
Procedural Posture
Sequestration Application / Final Order
Outcome
Final sequestration order granted against the respondent; second intervention application dismissed with punitive costs.
Judges
Strydom AJ
Legal Topics
Final Sequestration, Insolvency Act, Costs Orders, Intervention Application
Civil Procedure Commercial and Corporate Final Sequestration Insolvency Act Costs Orders Intervention Application

Case Brief

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Parties

Halocure (Pty) Limited

Applicant

Phillipus Jacobus Mostert

Respondent

Al Mayya International Limited (BVI)

Applicant

Valley of the Kings (Pty) Ltd

Respondent

Thomas Hendrick Samons

Respondent

Procedural Posture

Sequestration Application / Final Order

Legal Issues

  1. 1 Whether the requirements for a final sequestration order have been met.
  2. 2 Whether the respondent's defence regarding the costs tender is valid.
  3. 3 Whether the second intervening applicant and its deponent should be held jointly and severally liable for costs.

Ratio Decidendi

The applicant and first intervening applicant satisfied all statutory requirements for final sequestration, including proving their claims, acts of insolvency, and advantage to creditors. The respondent's sole defence regarding the costs tender was dismissed as meritless, since a tender to pay costs is equivalent to a court order. The second intervention application was dismissed due to lack of authority and failure to prosecute, with costs awarded jointly and severally against Valley of the Kings (Pty) Ltd and its deponent, Thomas Hendrick Samons, on an attorney and own client scale, as the application was found to be a delaying tactic.

Court Disposition

Final sequestration order granted against the respondent; second intervention application dismissed with punitive costs.

Orders

  • The respondent is finally sequestrated.
  • The costs of the sequestration application will be costs in the sequestration.