Jonker and Another v Land and Agricultural Development Bank of South Africa and Others (3159/2020) [2024] ZAFSHC 356 (15 November 2024)

Jonker and Another v Land and Agricultural Development Bank of South Africa and Others (3159/2020) [2024] ZAFSHC 356 (15 November 2024)

The court found that the issue of locus standi had already been fully ventilated and adjudicated in the proceedings leading to the provisional and final liquidation orders. The application to set aside the final order of liquidation was comprehensively opposed and decided. The judge concluded that there are no reasonable prospects that another court would come to a different finding, nor are there compelling reasons for the appeal to be heard. Accordingly, the application for leave to appeal was dismissed.

Citation
[2024] ZAFSHC 356
Parties
Applicant: Louis Jonker; Applicant: Johanna Jacoba Jonker; Respondent: Land and Agricultural Development Bank of South Africa; Respondent: Deon Marius Botha N.O.; Respondent: Johannes Zacharias Human Muller N.O.; Respondent: Louisa Sibiya N.O.; Respondent: The Master of the High Court, Bloemfontein; Respondent: Affected Parties of Jonker Products CC as per list annexed as Annuxure 'A'
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
15 November 2024
Case Number
3159/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Application to Set Aside Liquidation Order.
Outcome
Application for leave to appeal dismissed with costs, including costs of two counsel.
Judges
Reinders
Legal Topics
Leave to Appeal, Liquidation Proceedings, Locus Standi, Superior Courts Act, Costs Order
Civil Procedure Commercial and Corporate Leave to Appeal Liquidation Proceedings Locus Standi Superior Courts Act Costs Order

Case Brief

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Parties

Louis Jonker

Applicant

Johanna Jacoba Jonker

Applicant

Land and Agricultural Development Bank of South Africa

Respondent

Deon Marius Botha N.O.

Respondent

Johannes Zacharias Human Muller N.O.

Respondent

Louisa Sibiya N.O.

Respondent

The Master of the High Court, Bloemfontein

Respondent

Affected Parties of Jonker Products CC as per list annexed as Annuxure 'A'

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Application to Set Aside Liquidation Order.

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal against the refusal to set aside the final liquidation order.
  2. 2 Whether there is any compelling reason for the appeal to be heard by another court.
  3. 3 Whether the issue of locus standi was properly adjudicated in the original proceedings.

Ratio Decidendi

The court found that the issue of locus standi had already been fully ventilated and adjudicated in the proceedings leading to the provisional and final liquidation orders. The application to set aside the final order of liquidation was comprehensively opposed and decided. The judge concluded that there are no reasonable prospects that another court would come to a different finding, nor are there compelling reasons for the appeal to be heard. Accordingly, the application for leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed with costs, including costs of two counsel.

Orders

  • The application for leave to appeal is dismissed with costs, such costs to include the costs consequent upon the employment of two counsel.