Luvon Investments (Pty) Ltd and Another v Thabong Good Health Pharmacy CC (Leave to Appeal) (2023-033874) [2024] ZAGPPHC 1063 (23 October 2024)

Luvon Investments (Pty) Ltd and Another v Thabong Good Health Pharmacy CC (Leave to Appeal) (2023-033874) [2024] ZAGPPHC 1063 (23 October 2024)

The court held that the respondent is not entitled to seek leave to appeal on grounds that were not pleaded in the original proceedings. The respondent's counsel conceded that the grounds for leave to appeal were not raised previously, and the applicants were not given an opportunity to address these new issues. Accordingly, the application for leave to appeal was dismissed.

Citation
[2024] ZAGPPHC 1063
Parties
Applicant: Luvon Investments (Pty) Ltd; Applicant: Twin City Trading (Pty) Ltd; Respondent: Thabong Good Health Pharmacy CC
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 October 2024
Case Number
2023-033874
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Final Winding Up Order
Outcome
Application for leave to appeal dismissed.
Judges
Mooki
Legal Topics
Leave to Appeal, Winding Up, Compliance With Companies Act, Proof of Indebtedness
Civil Procedure Commercial and Corporate Leave to Appeal Winding Up Compliance With Companies Act Proof of Indebtedness

Case Brief

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Parties

Luvon Investments (Pty) Ltd

Applicant

Twin City Trading (Pty) Ltd

Applicant

Thabong Good Health Pharmacy CC

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Final Winding Up Order

Legal Issues

  1. 1 Whether the respondent may seek leave to appeal on grounds not pleaded in the original proceedings.
  2. 2 Whether the applicants complied with section 346(4A)(a) and (b) of the Companies Act, 61 of 1973.
  3. 3 Whether the applicants proved the respondent's indebtedness or inability to pay debts.

Ratio Decidendi

The court held that the respondent is not entitled to seek leave to appeal on grounds that were not pleaded in the original proceedings. The respondent's counsel conceded that the grounds for leave to appeal were not raised previously, and the applicants were not given an opportunity to address these new issues. Accordingly, the application for leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • Costs are in the winding-up.