South Africa Case Law

General Industrial Workers Union of South Africa and Others v Johannesburg Foundry VV and Another (JS2000/2011)

General Industrial Workers Union of South Africa and Others v Johannesburg Foundry VV and Another (JS2000/2011) [2017] ZALCJHB 57 (17 February 2017)

Court

Labour Court Johannesburg

Case number

JS 2000/2011

Judge

C Prinsloo

The Labour Court dismissed a joinder application because the first respondent was liquidated, the liquidator was not notified or joined, and there were no live proceedings.

• Joinder Of Parties
• Section 197 Transfer
• Liquidation Procedure
• Abandonment Of Proceedings
• Joinder-of-parties
• Liquidation-procedure

Etana Insurance Company (Ltd) v Keren Kula Construction (Pty)LTD (62067/2013)

Etana Insurance Company (Ltd) v Keren Kula Construction (Pty)LTD (62067/2013) [2016] ZAGPPHC 502 (27 May 2016)

Court

North Gauteng High Court, Pretoria

Case number

62067/2013

Judge

DM Thulare

The court held that the plaintiff had not abandoned its action against the liquidated company and granted leave to proceed after a notice dispute.

• Company Liquidation
• Notice To Liquidator
• Abandonment Of Proceedings
• Leave To Continue Action
• Company-liquidation
• Notice-to-liquidator

Ronbel 108 (Pty) Ltd v Sublime Investments (Pty) Ltd (555/08)

Ronbel 108 (Pty) Ltd v Sublime Investments (Pty) Ltd (555/08) [2009] ZASCA 103; 2010 (2) SA 517 (SCA) ; [2010] 1 All SA 338 (SCA) (18 September 2009)

Court

Supreme Court of Appeal

Case number

555/08

Judges

Streicher, Nugent, Van Heerden, Hurt, Griesel

The Supreme Court of Appeal held that Absa, the original plaintiff, made a deliberate decision not to notify the liquidator of its intention to continue with the proceedings, and did not change this decision during the period it held the claim. The appellant, who acquired Absa's claim long after the expiry of the notice period, failed to provide a satisfactory explanation for the delay and non-compliance with section 359(2) of the Companies Act. The court found that the proceedings must be considered abandoned unless the court exercises its discretion otherwise. Given the deliberate abandonme…

Source excerpt

• Companies Act 1973
• Liquidation Proceedings
• Abandonment Of Proceedings
• Court Discretion Under Companies Act