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South Africa decisions
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Turner Morris One (Pty) Ltd v Steyn (2024/018423) [2025] ZAGPJHC 455 (12 May 2025)
The High Court dismissed a sequestration application after finding a bona fide and reasonable dispute about the alleged debt, with each party ordered to bear its own costs.
Jaltech Structuring (Pty) Ltd v Impact Empowerment Ventures (Pty) Ltd (031028/2023; 031035/2023) [2025] ZAGPJHC 111 (10 February 2025)
High Court winding-up judgment granting final liquidation of two related respondent companies after finding an admitted debt, commercial insolvency, and no bona fide dispute.
Charl Electrical Engineering CC v Integrated Projects Construction (Pty) Ltd (20167/23) [2024] ZAWCHC 361 (11 November 2024)
The court found that Charl Electrical Engineering CC failed to establish a prima facie claim for the provisional winding-up of Integrated Projects Construction (Pty) Ltd. The applicant did not set out a sufficient cause of action in its founding affidavit, relying instead on evidence and allegations introduced in replying affidavits. The written agreement relied upon was an Occupational Health and Safety agreement, not a subcontractor agreement for electrical services. The applicant failed to disclose material facts, including the JBCC Principal Building Agreement and its direct dealings with…
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Africor Auctioneers (Pty) Ltd v Blue Dot Properties 1875 CC and Another (6436/2022) [2024] ZAGPPHC 996 (8 October 2024)
The High Court dismissed an application for leave to appeal against refusal of a final winding-up order, finding no reasonable prospects of success.
Scania Finance Southern Africa (Pty) Ltd v Hulk Haulers (Pty) Limited (D8414/2020) [2024] ZAKZDHC 58 (30 August 2024)
The High Court confirmed a provisional liquidation order and placed the respondent under final liquidation, finding the debt liquid and the dispute not bona fide.
Ridgeback Engineering Supplies (Pty) Ltd v Expert Machining and Engineering (Pty) Ltd (A2023/035929) [2024] ZAGPJHC 844 (30 August 2024)
The court dismissed a winding-up application, holding that the statutory demand did not comply with section 345 and that the debt was bona fide disputed.
Seima N.O and Others v Saharan Trade and Finance (Pty) Ltd (2022/027175) [2024] ZAGPJHC 826 (22 August 2024)
The High Court dismissed a provisional liquidation application, holding that the alleged loan debt was bona fide disputed and should be determined in action proceedings.
Exceed Plant Trading CC v LKGA Construction & Projects 1 CC (2556/2024) [2024] ZAFSHC 230 (8 August 2024)
The applicant established that the respondent is commercially insolvent, having failed to pay admitted debts in excess of R 1.8 million for equipment rental, despite proper statutory demand and compliance with procedural requirements. The respondent did not respond to the demand, failed to provide evidence of assets, liabilities, or imminent payments, and did not raise a bona fide dispute on reasonable grounds regarding the admitted invoices. The court found that the applicant is entitled to a final liquidation order, as the respondent is unable to pay its debts and no credible basis exists t…
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Futurefin (Pty) Ltd v Auto Prins (Pty) Ltd (4772/2023) [2024] ZAFSHC 203 (28 June 2024)
Opposed provisional liquidation application dismissed because the respondent showed the alleged debt was bona fide disputed on reasonable grounds.
Dangerous Good International SA (Pty) Ltd v JAG Freight (Pty) Ltd and Another (18901/2023) [2024] ZAWCHC 169; [2024] 3 All SA 481 (WCC) (30 May 2024)
The High Court refused provisional liquidation, finding the applicant’s claims for disgorgement and damages were bona fide disputed on reasonable grounds.
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