Wessels N.O and Others v Master of the High Court, Pretoria and Others (83560/17) [2018] ZAGPPHC 892 (18 December 2018)

Wessels N.O and Others v Master of the High Court, Pretoria and Others (83560/17) [2018] ZAGPPHC 892 (18 December 2018)

The court found that the applicants, as trustees and director/shareholder of the trust holding an interest in the liquidated company, do not have locus standi to bring the application, as their interest is purely financial and not a direct legal right affected by the liquidation. The Master of the High Court was not functus officio after deciding to appoint an additional liquidator, as the decision had not been implemented and the Master retained discretion to revisit it. The court held that the Master acted within his statutory discretion by appointing an investigator under section 381(3) of the Companies Act instead of a co-liquidator, and that the applicants should have sought review...

Citation
[2018] ZAGPPHC 892
Parties
Applicant: Johannes Stephanus Wessels N.O.; Applicant: Barend Jacobus du Toit; Applicant: Johannes Stephanus Wessels; Respondent: Master of the High Court, Pretoria; Respondent: Esias Johannes Janse van Rensburg N.O.; Respondent: Farouk-Sharief N.O.
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
18 December 2018
Case Number
83560/17
Procedural Posture
Review Application / Final Judgment
Outcome
Application dismissed with costs, including costs of senior counsel and/or two counsel.
Judges
Mavundla
Legal Topics
Liquidation Proceedings, Appointment of Liquidator, Judicial Review, Locus Standi, Master Discretion
Civil Procedure Commercial and Corporate Liquidation Proceedings Appointment of Liquidator Judicial Review Locus Standi Master Discretion

Case Brief

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Parties

Johannes Stephanus Wessels N.O.

Applicant

Barend Jacobus du Toit

Applicant

Johannes Stephanus Wessels

Applicant

Master of the High Court, Pretoria

Respondent

Esias Johannes Janse van Rensburg N.O.

Respondent

Farouk-Sharief N.O.

Respondent

Procedural Posture

Review Application / Final Judgment

Legal Issues

  1. 1 Whether the applicants have locus standi to bring the application regarding the liquidation proceedings.
  2. 2 Whether the Master of the High Court is functus officio after deciding to appoint an additional liquidator under section 374 of the Companies Act.
  3. 3 Whether the Master can be compelled to convene a formal section 381 enquiry into the conduct of the liquidators.

Ratio Decidendi

The court found that the applicants, as trustees and director/shareholder of the trust holding an interest in the liquidated company, do not have locus standi to bring the application, as their interest is purely financial and not a direct legal right affected by the liquidation. The Master of the High Court was not functus officio after deciding to appoint an additional liquidator, as the decision had not been implemented and the Master retained discretion to revisit it. The court held that the Master acted within his statutory discretion by appointing an investigator under section 381(3) of the Companies Act instead of a co-liquidator, and that the applicants should have sought review...

Court Disposition

Application dismissed with costs, including costs of senior counsel and/or two counsel.

Orders

  • The application is dismissed.
  • The applicants, jointly and severally, are ordered to pay the costs of the respondents, including the costs of employment of senior counsel and/or two counsel.