Metro Chicken (Pty) Ltd and Others v Master of the High Court of South Africa, Durban and Others (D14387/2023) [2025] ZAKZDHC 51 (12 August 2025)

Metro Chicken (Pty) Ltd and Others v Master of the High Court of South Africa, Durban and Others (D14387/2023) [2025] ZAKZDHC 51 (12 August 2025)

The applicants failed to establish locus standi, as their relationship to the insolvent entity was vague and unsupported by evidence. The founding affidavit did not set out any direct and substantial interest in the liquidation proceedings. Even if standing were assumed, the applicants did not prove any procedural irregularity or misconduct by the liquidators. The sale of assets was conducted in accordance with the Companies Act, with proper valuation and consent from the preferential creditor. The alleged higher offers were not binding and were received after the sale. The Master’s clerical error was explained and corrected. The application for condonation was refused due to a wholly...

Citation
[2025] ZAKZDHC 51
Parties
Applicant: Metro Chicken (Pty) Ltd; Applicant: Hulley and Rice (Pty) Ltd; Applicant: Zahir Omar Noor Mahomed; Applicant: Star Super Meats CC; Respondent: The Master of the High Court of South Africa, Durban; Respondent: Kurt Robert Knoop N.O.; Respondent: Brian Lulamile Mbolekwa N.O.; Respondent: Star Meat Market CC (In Liquidation); Respondent: K2021150772 (South Africa) (Pty) Ltd; Respondent: Deli Co (Pty) Ltd; Respondent: Sir Fruit (Pty) Ltd; Respondent: Artistic Visual (Pty) Ltd; Respondent: USB Packaging (Pty) Ltd; Respondent: Coastal Accounting (Pty) Ltd; Respondent: Ethekwini Municipality; Respondent: Emam Bux (Pty) Ltd; Respondent: Lowlands Meats (Pty) Ltd; Respondent: MD Beef (Pty) Ltd; Respondent: Exim (Pty) Ltd; Respondent: KLK Lamb (Pty) Ltd; Respondent: Freddy Hirsch (Pty) Ltd; Respondent: Colver (Pty) Ltd; Respondent: Hoxies (Pty) Ltd; Respondent: Albany (Pty) Ltd; Respondent: Pak Plastics (Pty) Ltd; Respondent: Avocet Scales (Pty) Ltd; Respondent: Crown National (Pty) Ltd; Respondent: United Bag Sales (Pty) Ltd; Respondent: Lupo (Pty) Ltd; Respondent: Butchery Equipment and Engineering (Pty) Ltd; Respondent: Candy Toys (Pty) Ltd; Respondent: Klint Scales (Pty) Ltd; Respondent: Everglow (Pty) Ltd; Respondent: Garlic Man (Pty) Ltd; Respondent: Fathimas Favourite Foods (Pty) Ltd; Respondent: Osmans Spices (Pty) Ltd; Respondent: Fridge Trans (Pty) Ltd; Respondent: Bid Air (Pty) Ltd; Respondent: BBH Agencies (Pty) Ltd; Respondent: Tradeport (Pty) Ltd; Respondent: ABI Coke (Pty) Ltd; Respondent: Cool Perfection (Pty) Ltd; Respondent: Hilton Honey Farms (Pty) Ltd; Respondent: TMK Foods (Pty) Ltd; Respondent: Sana (Pty) Ltd; Respondent: Corona Foods (Pty) Ltd; Respondent: Midlands Eggs (Pty) Ltd; Respondent: Mr Stationer (Pty) Ltd; Respondent: Minnies Foods (Pty) Ltd; Respondent: PLP Labels CC; Respondent: IFG Holdings (Pty) Ltd; Respondent: Ciro (Pty) Ltd; Respondent: Foodroute (Pty) Ltd; Respondent: Marhaba Enterprises (Pty) Ltd; Respondent: Shan Spice (Pty) Ltd; Respondent: Merlog Foods (Pty) Ltd; Respondent: Vendium (Pty) Ltd; Respondent: Grainfed-VKB Group (Pty) Ltd; Respondent: Rising Sun (Pty) Ltd; Respondent: Star City Investments (Pty) Ltd; Respondent: Sparo Holdings CC
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
12 August 2025
Case Number
D14387/2023
Procedural Posture
Urgent Application / Final Judgment After Hearing on Merits
Outcome
Application dismissed with costs on a punitive scale.
Judges
Mossop
Legal Topics
Winding Up of Companies, Liquidator Powers, Locus Standi, Sale of Assets, Condonation, Punitive Costs
Commercial and Corporate Civil Procedure Winding Up of Companies Liquidator Powers Locus Standi Sale of Assets Condonation Punitive Costs

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Parties

Metro Chicken (Pty) Ltd

Applicant

Hulley and Rice (Pty) Ltd

Applicant

Zahir Omar Noor Mahomed

Applicant

Star Super Meats CC

Applicant

The Master of the High Court of South Africa, Durban

Respondent

Kurt Robert Knoop N.O.

Respondent

Brian Lulamile Mbolekwa N.O.

Respondent

Star Meat Market CC (In Liquidation)

Respondent

K2021150772 (South Africa) (Pty) Ltd

Respondent

Deli Co (Pty) Ltd

Respondent

Sir Fruit (Pty) Ltd

Respondent

Artistic Visual (Pty) Ltd

Respondent

USB Packaging (Pty) Ltd

Respondent

Coastal Accounting (Pty) Ltd

Respondent

Ethekwini Municipality

Respondent

Emam Bux (Pty) Ltd

Respondent

Lowlands Meats (Pty) Ltd

Respondent

MD Beef (Pty) Ltd

Respondent

Exim (Pty) Ltd

Respondent

KLK Lamb (Pty) Ltd

Respondent

Freddy Hirsch (Pty) Ltd

Respondent

Colver (Pty) Ltd

Respondent

Hoxies (Pty) Ltd

Respondent

Albany (Pty) Ltd

Respondent

Pak Plastics (Pty) Ltd

Respondent

Avocet Scales (Pty) Ltd

Respondent

Crown National (Pty) Ltd

Respondent

United Bag Sales (Pty) Ltd

Respondent

Lupo (Pty) Ltd

Respondent

Butchery Equipment and Engineering (Pty) Ltd

Respondent

Candy Toys (Pty) Ltd

Respondent

Klint Scales (Pty) Ltd

Respondent

Everglow (Pty) Ltd

Respondent

Garlic Man (Pty) Ltd

Respondent

Fathimas Favourite Foods (Pty) Ltd

Respondent

Osmans Spices (Pty) Ltd

Respondent

Fridge Trans (Pty) Ltd

Respondent

Bid Air (Pty) Ltd

Respondent

BBH Agencies (Pty) Ltd

Respondent

Tradeport (Pty) Ltd

Respondent

ABI Coke (Pty) Ltd

Respondent

Cool Perfection (Pty) Ltd

Respondent

Hilton Honey Farms (Pty) Ltd

Respondent

TMK Foods (Pty) Ltd

Respondent

Sana (Pty) Ltd

Respondent

Corona Foods (Pty) Ltd

Respondent

Midlands Eggs (Pty) Ltd

Respondent

Mr Stationer (Pty) Ltd

Respondent

Minnies Foods (Pty) Ltd

Respondent

PLP Labels CC

Respondent

IFG Holdings (Pty) Ltd

Respondent

Ciro (Pty) Ltd

Respondent

Foodroute (Pty) Ltd

Respondent

Marhaba Enterprises (Pty) Ltd

Respondent

Shan Spice (Pty) Ltd

Respondent

Merlog Foods (Pty) Ltd

Respondent

Vendium (Pty) Ltd

Respondent

Grainfed-VKB Group (Pty) Ltd

Respondent

Rising Sun (Pty) Ltd

Respondent

Star City Investments (Pty) Ltd

Respondent

Sparo Holdings CC

Respondent

Procedural Posture

Urgent Application / Final Judgment After Hearing on Merits

Legal Issues

  1. 1 Whether the applicants have locus standi to bring the application.
  2. 2 Whether the liquidators acted unlawfully or irregularly in selling the assets of the insolvent entity.
  3. 3 Whether the sale of assets was conducted below market value and to the prejudice of creditors.

Ratio Decidendi

The applicants failed to establish locus standi, as their relationship to the insolvent entity was vague and unsupported by evidence. The founding affidavit did not set out any direct and substantial interest in the liquidation proceedings. Even if standing were assumed, the applicants did not prove any procedural irregularity or misconduct by the liquidators. The sale of assets was conducted in accordance with the Companies Act, with proper valuation and consent from the preferential creditor. The alleged higher offers were not binding and were received after the sale. The Master’s clerical error was explained and corrected. The application for condonation was refused due to a wholly...

Court Disposition

Application dismissed with costs on a punitive scale.

Orders

  • The applicants’ application for condonation for the late delivery of their replying affidavit is refused with costs, which may be taxed on scale A.
  • The main application is dismissed.