Havenga v Diovision (Pty) Limited (86173/2014) [2017] ZAGPPHC 1207 (15 June 2017)

Havenga v Diovision (Pty) Limited (86173/2014) [2017] ZAGPPHC 1207 (15 June 2017)

The applicant did not hold himself out or advertise as an estate agent within the meaning of the Estate Agency Affairs Act. He was approached and given a mandate by Mr Modise, who represented the respondent, to procure a housing loan book from Nedbank. The Consultancy Agreement was validly concluded between the applicant and the respondent, as evidenced by the annexures and subsequent conduct of the respondent. The respondent's denials regarding the agreement and indebtedness are far-fetched and do not raise genuine or bona fide disputes of fact. The applicant is a creditor with locus standi to bring the winding-up application. The respondent's argument regarding the lack of a Fidelity...

Citation
[2017] ZAGPPHC 1207
Parties
Applicant: Johannes Andries Havenga; Respondent: Diovision (Pty) Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 June 2017
Case Number
86173/2014
Procedural Posture
Urgent Application / Application for Provisional Winding Up Order
Outcome
Application for provisional winding-up granted.
Judges
M J Teffo
Legal Topics
Provisional Winding Up, Locus Standi, Estate Agency Affairs Act, Commission Claim, Bona Fide Dispute, Creditor Status
Commercial and Corporate Civil Procedure Provisional Winding Up Locus Standi Estate Agency Affairs Act Commission Claim Bona Fide Dispute Creditor Status

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Parties

Johannes Andries Havenga

Applicant

Diovision (Pty) Limited

Respondent

Procedural Posture

Urgent Application / Application for Provisional Winding Up Order

Legal Issues

  1. 1 Whether the applicant has locus standi as a creditor to apply for the provisional winding-up of the respondent.
  2. 2 Whether the applicant acted as an estate agent without a Fidelity Fund Certificate, thereby precluding his claim for commission.
  3. 3 Whether the respondent's denial of indebtedness raises a bona fide dispute on reasonable grounds.

Ratio Decidendi

The applicant did not hold himself out or advertise as an estate agent within the meaning of the Estate Agency Affairs Act. He was approached and given a mandate by Mr Modise, who represented the respondent, to procure a housing loan book from Nedbank. The Consultancy Agreement was validly concluded between the applicant and the respondent, as evidenced by the annexures and subsequent conduct of the respondent. The respondent's denials regarding the agreement and indebtedness are far-fetched and do not raise genuine or bona fide disputes of fact. The applicant is a creditor with locus standi to bring the winding-up application. The respondent's argument regarding the lack of a Fidelity...

Court Disposition

Application for provisional winding-up granted.

Orders

  • The respondent is provisionally wound-up and a rule nisi is issued returnable on a date to be arranged with the Registrar, calling upon the respondent and any interested parties to appear and advance reasons why a final winding-up order should not be granted.
  • A copy of the provisional winding-up order must be served on the last known registered address of the respondent: No 179 Lynnwood Road, Pretoria, Gauteng Province.