Matsepe N.O and Another v Kroons Gourmet Chickens (Pty0 Ltd and Others (A185/2020) [2023] ZAGPPHC 674 (24 July 2023)

Matsepe N.O and Another v Kroons Gourmet Chickens (Pty0 Ltd and Others (A185/2020) [2023] ZAGPPHC 674 (24 July 2023)

The court held that although the respondents did not object to the inclusion of legal costs for the section 417 enquiry in their objection to the Master, this was because the relevant facts only became apparent in the affidavits filed during the review application. The issue was fully canvassed in the papers and argued before the court a quo, and the appellants conceded that such costs do not ordinarily form part of administration costs. Section 407(4)(a) empowers the court to make any order it deems fit, and the relief granted was covered by the prayer for further and/or alternative relief. The court distinguished the Wishart case, finding that the respondents could not have objected to...

Citation
[2023] ZAGPPHC 674
Parties
Appellant: Tsiu Vincent Matsepe N.O; Appellant: Zeenath Kajee N.O; Respondent: Kroons Gourmet Chickens (Pty) Ltd; Respondent: Robert William Kroon; Respondent: The Master of the High Court; Respondent: The Commissioner of the South African Revenue Services
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 July 2023
Case Number
A185/2020
Procedural Posture
Civil Appeal / Appeal From Order of High Court Regarding Costs in Liquidation Proceedings
Outcome
Appeal dismissed; no order as to costs.
Judges
MNGQIBISA-THUSI, N Janse van Nieuwenhuizen, H Kooverjie
Legal Topics
Liquidation and Distribution Account, Costs in Liquidation, Section 417 Enquiry, Review of Master Decision, Settlement Agreement Obligations
Civil Procedure Commercial and Corporate Liquidation and Distribution Account Costs in Liquidation Section 417 Enquiry Review of Master Decision Settlement Agreement Obligations

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Parties

Tsiu Vincent Matsepe N.O

Appellant

Zeenath Kajee N.O

Appellant

Kroons Gourmet Chickens (Pty) Ltd

Respondent

Robert William Kroon

Respondent

The Master of the High Court

Respondent

The Commissioner of the South African Revenue Services

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of High Court Regarding Costs in Liquidation Proceedings

Legal Issues

  1. 1 Whether the court a quo was correct in granting a declaratory order regarding costs of the section 417 enquiry when no objection was raised with the Master.
  2. 2 Whether the relief granted was encompassed by the prayer for further and/or alternative relief in the notice of motion.
  3. 3 Whether the court a quo exceeded its powers under section 407(4)(a) of the Companies Act.

Ratio Decidendi

The court held that although the respondents did not object to the inclusion of legal costs for the section 417 enquiry in their objection to the Master, this was because the relevant facts only became apparent in the affidavits filed during the review application. The issue was fully canvassed in the papers and argued before the court a quo, and the appellants conceded that such costs do not ordinarily form part of administration costs. Section 407(4)(a) empowers the court to make any order it deems fit, and the relief granted was covered by the prayer for further and/or alternative relief. The court distinguished the Wishart case, finding that the respondents could not have objected to...

Court Disposition

Appeal dismissed; no order as to costs.

Orders

  • The appeal is dismissed.
  • No order as to costs is made.