Imperial Logistics Advance (Pty) Ltd v Master of the High Court, Pretoria and Others (2023/054694) [2025] ZAGPPHC 737 (24 July 2025)
Court
North Gauteng High Court, Pretoria
Case number
2023/054694
Judge
Flatela Luleka
The High Court granted an interim interdict stopping the Master’s appointment of additional liquidators and the postponement of a section 417/418 inquiry pending Part B.
Muller and Another v Master of the High Court and Others (2023/097464) [2025] ZAGPPHC 305 (14 March 2025)
Court
North Gauteng High Court, Pretoria
Case number
2023/097464
Judge
R Ramawele
The High Court dismissed a review over a liquidator’s removal and replacement, finding the dispute moot and holding that the applicant lacked locus standi.
Venter N.O and Others v Master of The High Court, Pretoria and Others (27131-2022) [2022] ZAGPPHC 578 (8 August 2022)
Court
North Gauteng High Court, Pretoria
Case number
27131/2022
Judge
Millar
The High Court held that the Master could appoint additional co-liquidators despite no extant policy, so long as the discretion complied with section 15(1A). The application was dismissed with punitive costs.
Makhopa and Others v Master of the High Court Polokwane and Others (6791/2021) [2021] ZALMPPHC 71 (19 October 2021)
Court
Limpopo High Court, Polokwane
Case number
6791/2021
Judge
E M Makgoba
The court found that the first creditors meeting was unlawfully convened while business rescue proceedings were still pending, in contravention of section 131(6) of the Companies Act. As a result, all decisions made at that meeting, including the rejection of the applicants' claims and the appointment of final liquidators, were irregular and unlawful. The applicants were deprived of their statutory rights to prove claims, participate in the appointment of liquidators, and interrogate other creditors. The requirements for interim relief were satisfied: the applicants established a prima facie…
Van der Merwe v Empedocles NO and Others (33977/2020) [2020] ZAGPJHC 282 (9 November 2020)
Court
South Gauteng High Court, Johannesburg
Case number
33977/2020
Judge
Maier-Frawley
The court found that the company was factually and commercially insolvent, with liabilities far exceeding assets and the applicant's creditor claim omitted from the voluntary liquidation process. The court held that, in law, it is not necessary to set aside the voluntary winding-up before granting a compulsory winding-up order. The voluntary liquidation process, including the appointment of the current liquidators, was confirmed, and the compulsory winding-up order was granted. The date of commencement for the winding-up is the date of registration of the special resolution. The applicant and…
Khammissa and Others v Master of the High Court, Gauteng and Others (2017/49832) [2020] ZAGPJHC 179; 2021 (1) SA 421 (GJ) (19 February 2020)
Court
South Gauteng High Court, Johannesburg
Case number
2017/49832
Judge
T Siwendu
The court found that the applicants, as joint liquidators, had locus standi to challenge the appointment of additional liquidators where the grievance was not merely about fees but about the legality of the Master’s decision affecting the estate they administer. The Master was functus officio after the first decision refusing the appointment, and lacked statutory authority to issue a second, conflicting appointment. Section 371 of the Companies Act is not the exclusive gateway for review; section 151 of the Insolvency Act remains available where the grievance concerns the legal validity of th…
Murray and Others NNO v African Global Holdings (Pty) Ltd and Others (306/2019) [2019] ZASCA 152; [2020] 1 All SA 64 (SCA); 2020 (2) SA 93 (SCA) (22 November 2019)
Court
Supreme Court of Appeal
Case number
306/2019
Judges
Wallis, Mokgohloa, Plasket, Nicholls, Gorven
The Supreme Court of Appeal found that the companies in question were commercially insolvent at the time the resolutions for voluntary winding-up were passed. The evidence showed that the withdrawal of banking facilities rendered the companies unable to pay their debts and continue trading, satisfying the test for commercial insolvency. Consequently, the winding-up was valid under the Companies Act 61 of 1973, not the 2008 Act. The appointment of the liquidators by the Master in Pretoria was valid, as the Master at the main seat has jurisdiction throughout Gauteng, including Johannesburg. The…
C Pro Construction PTY v Caliber Devco CC and Others (63054/15) [2018] ZAGPPHC 663 (3 September 2018)
Court
North Gauteng High Court, Pretoria
Case number
63054/15
Judge
Strijdom
The court found that the voluntary liquidation of Caliber Devco CC was invalid as the company was insolvent at the time and the process did not comply with the requirements of the Companies Act 2008 and the transitional arrangements. The resolution to wind up as a solvent company was irregular, and the subsequent appointment of liquidators and meetings of creditors were void ab initio. The applicant's claim as a creditor was recognized in the statement of affairs, and prescription was delayed due to the lack of final appointment of liquidators, as required by section 359 of the Companies Act…
Cooper NO and Others v Micromatica 324 (Pty) Ltd and Others (4182/2015) [2016] ZAWCHC 148 (10 October 2016)
Court
Western Cape High Court, Cape Town
Case number
4182/2015
Judge
Van Rooyen AJ
The court held that the power to appoint liquidators for companies in liquidation is reserved for the master of the High Court under section 367 of the Companies Act 1973. Section 20(9) of the Companies Act 2008 does not confer upon the court the authority to appoint liquidators; it merely allows for the piercing of the corporate veil and the granting of consequential relief. The 8 July 2014 order did not constitute the appointment of liquidators in the sense contemplated by chapter 14 of the 1973 Act, but rather arranged the administration of rights and obligations among the companies, refle…
