South Africa Case Law

Van Den Heever N.O and Another v Merchant Commercial Finance 1 (Pty) Ltd t/a Merchant Factors and Another (7595/2024)

Van Den Heever N.O and Another v Merchant Commercial Finance 1 (Pty) Ltd t/a Merchant Factors and Another (7595/2024) [2025] ZAWCHC 317 (29 July 2025)

Court

Western Cape High Court, Cape Town

Case number

7595/2024

Judge

Mangcu-Lockwood

The court held that sections 348 and 341(2) of the Companies Act 1973 apply to winding-up orders granted under section 130(5)(c) of the Companies Act 2008. The deeming provision in section 348 operates to fix the commencement of winding-up at the date of presentation of the application, regardless of whether the application is brought under the 1973 or 2008 Act. The payments made by JPK to Merchant after the presentation of the winding-up application are rendered void by the retrospective effect of section 341(2), as they undermine the concursus creditorum and the rights of other creditors. T…

Source excerpt

• Winding Up Of Companies
• Void Dispositions
• Concursus Creditorum
• Business Rescue Conversion
• Companies Act 1973
• Companies Act 2008

Orion Real Estate Limited v ERF 195 Elma Park Limited and Others (3708/2021)

Orion Real Estate Limited v ERF 195 Elma Park Limited and Others (3708/2021) [2023] ZAGPJHC 501 (17 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

3708/2021

Judge

Gilbert AJ

The High Court converted a liquidation into business rescue by consent, joined SBD Investments, ordered transfer of Erf 257, and directed costs to follow the business rescue.

• Business Rescue Conversion
• Affected Party Intervention
• Section 131 Companies Act
• Section 341 Companies Act 1973
• Consent Order
• Costs In Business Rescue