Pentagar Properties (Pty) Ltd and Others v Renvac Consulting Engineers (Pty) Ltd and Others (2023/029129) [2024] ZAGPJHC 472 (10 May 2024)

Pentagar Properties (Pty) Ltd and Others v Renvac Consulting Engineers (Pty) Ltd and Others (2023/029129) [2024] ZAGPJHC 472 (10 May 2024)

The court found that service of the liquidation application was properly effected at the registered address of Dawa Cannabis by affixing the application to the principal door, as certified by the Sheriff. The applicants failed to rebut the prima facie evidence of service. The certificate of security was validly issued after the application and could be handed up at the hearing. The letter of 9 February 2023 was admissible and constituted an admission of insolvency and debt. The evidence did not support the applicants' claim that services were rendered on an 'on risk' basis; instead, payment terms were agreed and debts were due and unpaid. Dawa Cannabis was insolvent, with no assets and...

Citation
[2024] ZAGPJHC 472
Parties
Applicant: Pentagar Properties (Pty) Ltd; Applicant: Bukhosini Projects (Pty) Ltd; Applicant: Sisanda Zimkhita Mabude; Applicant: Nhlanhla Joshua Sibeko; Respondent: Renvac Consulting Engineers (Pty) Ltd; Respondent: Sean Brunke Architect (Pty) Ltd; Respondent: Pharmaceutical Marketing Consulting Group (Pty) Ltd; Respondent: Enprocon (Pty) Ltd; Respondent: Afripharm (Pty) Ltd; Respondent: Bennie Keevy N.O; Respondent: Karina Aletta van Niekerk N.O; Respondent: Dawa Cannabis (Pty) Ltd (in liquidation)
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
10 May 2024
Case Number
2023/029129
Procedural Posture
Urgent Application / Application for Rescission of Final Liquidation Order
Outcome
Application for rescission of the final liquidation order dismissed with costs.
Judges
Strydom
Legal Topics
Company Liquidation, Rescission of Judgment, Service of Process, Certificate of Security, Admissibility of Evidence, Commercial Insolvency
Civil Procedure Commercial and Corporate Company Liquidation Rescission of Judgment Service of Process Certificate of Security Admissibility of Evidence Commercial Insolvency

Case Brief

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Parties

Pentagar Properties (Pty) Ltd

Applicant

Bukhosini Projects (Pty) Ltd

Applicant

Sisanda Zimkhita Mabude

Applicant

Nhlanhla Joshua Sibeko

Applicant

Renvac Consulting Engineers (Pty) Ltd

Respondent

Sean Brunke Architect (Pty) Ltd

Respondent

Pharmaceutical Marketing Consulting Group (Pty) Ltd

Respondent

Enprocon (Pty) Ltd

Respondent

Afripharm (Pty) Ltd

Respondent

Bennie Keevy N.O

Respondent

Karina Aletta van Niekerk N.O

Respondent

Dawa Cannabis (Pty) Ltd (in liquidation)

Respondent

Procedural Posture

Urgent Application / Application for Rescission of Final Liquidation Order

Legal Issues

  1. 1 Whether the applicants have made out a case for rescission of the final liquidation order in terms of Rule 42(1)(a) or section 354 of the Companies Act.
  2. 2 Whether the liquidation application was properly served on Dawa Cannabis as required by section 346A of the Companies Act.
  3. 3 Whether a valid certificate of security was issued in terms of section 346(3) of the Companies Act.

Ratio Decidendi

The court found that service of the liquidation application was properly effected at the registered address of Dawa Cannabis by affixing the application to the principal door, as certified by the Sheriff. The applicants failed to rebut the prima facie evidence of service. The certificate of security was validly issued after the application and could be handed up at the hearing. The letter of 9 February 2023 was admissible and constituted an admission of insolvency and debt. The evidence did not support the applicants' claim that services were rendered on an 'on risk' basis; instead, payment terms were agreed and debts were due and unpaid. Dawa Cannabis was insolvent, with no assets and...

Court Disposition

Application for rescission of the final liquidation order dismissed with costs.

Orders

  • The application is dismissed with costs.