Linde's Trading Enterprise CC v African Dynamics Group (Pty) Ltd (70936/15) [2018] ZAGPPHC 844 (9 November 2018)

Linde's Trading Enterprise CC v African Dynamics Group (Pty) Ltd (70936/15) [2018] ZAGPPHC 844 (9 November 2018)

The application for rescission was dismissed on three preliminary grounds: the founding affidavit was not properly commissioned, the deponent was not authorised to act on behalf of the applicant as the liquidators had not authorised the application, and the liquidators were not joined as parties despite their substantial interest. On the merits, the applicant's claim of lack of knowledge of the proceedings was found to be manifestly untrue, as service was effected at the agreed address and on the applicant's sole member. The denial of indebtedness was contradicted by documentary evidence of a signed agreement. The applicant's conduct was dilatory and the application was brought to delay...

Citation
[2018] ZAGPPHC 844
Parties
Applicant: Linde's Trading Enterprise CC; Respondent: African Dynamics Group (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 November 2018
Case Number
70936/15
Procedural Posture
Urgent Application / Application for Rescission of Final Liquidation Order
Outcome
Application dismissed with punitive costs.
Judges
Brand
Legal Topics
Rescission of Judgment, Liquidation Proceedings, Joinder of Parties, Commissioning of Affidavits
Civil Procedure Commercial and Corporate Rescission of Judgment Liquidation Proceedings Joinder of Parties Commissioning of Affidavits

Case Brief

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Parties

Linde's Trading Enterprise CC

Applicant

African Dynamics Group (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application for Rescission of Final Liquidation Order

Legal Issues

  1. 1 Whether the application for rescission of the final liquidation order should be granted.
  2. 2 Whether the founding affidavit was properly commissioned and authorised.
  3. 3 Whether the liquidators should have been joined as parties to the application.

Ratio Decidendi

The application for rescission was dismissed on three preliminary grounds: the founding affidavit was not properly commissioned, the deponent was not authorised to act on behalf of the applicant as the liquidators had not authorised the application, and the liquidators were not joined as parties despite their substantial interest. On the merits, the applicant's claim of lack of knowledge of the proceedings was found to be manifestly untrue, as service was effected at the agreed address and on the applicant's sole member. The denial of indebtedness was contradicted by documentary evidence of a signed agreement. The applicant's conduct was dilatory and the application was brought to delay...

Court Disposition

Application dismissed with punitive costs.

Orders

  • The application is dismissed with costs as between attorney and client.