South Africa Case Law

Gainsford N.O. and Others v Tanzer Transport (Pty) Ltd, In Re; Gainsford N.O. and Others v Tanzer Transport (Pty) Limited and Others (076/2013)

Gainsford N.O. and Others v Tanzer Transport (Pty) Ltd, In Re; Gainsford N.O. and Others v Tanzer Transport (Pty) Limited and Others (076/2013) [2014] ZASCA 32; 2014 (3) SA 468 (SCA); [2014] 3 All SA 21 (SCA) (28 March 2014)

Court

Supreme Court of Appeal

Case number

076/2013

Judges

Navsa, Mhlantla, Leach, Theron, Swain

The Supreme Court of Appeal held that the liquidators were entitled to institute proceedings in their own names or in the name of the company in liquidation, as their actions were always in their representative capacity and for the benefit of creditors. The resolution passed by creditors authorising the liquidators to recover outstanding debts was sufficiently broad to encompass proceedings to recover voidable dispositions. The payments made by the company to Tanzer after the commencement of winding-up were void under s 341(2) of the Companies Act 61 of 1973, and Tanzer was ordered to repay t…

Source excerpt

• Winding Up Of Companies
• Liquidator Locus Standi
• Voidable Dispositions
• Creditors Voluntary Winding Up
• Authority Of Liquidators
• Concursus Creditorum

Parker v Paradigm Investments 444 (Pty) Ltd and Others (2840/2013)

Parker v Paradigm Investments 444 (Pty) Ltd and Others (2840/2013) [2014] ZAFSHC 68 (20 March 2014)

Court

Free State High Court, Bloemfontein

Case number

2840/2013

Judge

Monaledi, AJ

Opposed motion over a disputed immovable property sale was not decided on affidavit; the High Court referred the matter to trial and reserved costs.

• Sale Of Immovable Property
• Mistake In Contract
• Authority Of Liquidators
• Dispute Of Fact
• Motion Proceedings
• Referral To Trial

Leisher and Others v Motala N.O and Others (10769/11)

Leisher and Others v Motala N.O and Others (10769/11) [2012] ZAKZDHC 15 (1 January 2012)

Court

Kwazulu-Natal High Court, Durban

Case number

10769/11

Judge

Lopes

High Court dispute over a liquidation meeting, sale of company properties, and return of a deposit paid under a cancelled sale agreement.

• Liquidation Procedure
• Creditors Meeting
• Authority Of Liquidators
• Sale Of Company Assets
• Conventional Penalties Act
• Misrepresentation

Engelbrecht NO and Others v BRC Diamondcore Ltd and Another (138/2010)

Engelbrecht NO and Others v BRC Diamondcore Ltd and Another (138/2010) [2010] ZANCHC 3 (19 March 2010)

Court

Northern Cape High Court, Kimberley

Case number

138/2010

Judge

GNZ MJALI

A liquidators’ urgent application to raise finance and encumber company assets was granted by consent, and the respondents were ordered to pay attorney-and-client costs.

• Liquidation Proceedings
• Authority Of Liquidators
• Costs Award
• Attorney And Client Scale
• Liquidation-proceedings
• Authority-of-liquidators