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South Africa Case Law

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Commercial And Corporate [2022] ZAGPJHC 382

Body Corporate of Candice Glades v Derrocks Attorneys and Another (2021 / 4629)

Body Corporate of Candice Glades v Derrocks Attorneys and Another (2021 / 4629) [2022] ZAGPJHC 382 (6 June 2022)

Court
South Gauteng High Court, Johannesburg
Case number
2021 / 4629
Judge
Molahlehi

The court found that the respondent was indebted to the applicant and failed to pay the amounts due under the overdraft and loan agreements. The respondent's defences regarding alleged overcharging and entitlement to unit trust proceeds were rejected as unfounded. The business rescue application did not suspend the liquidation proceedings because the statutory requirements for notification and service to all affected persons, including major creditors, were not met. The court held that strict compliance with section 131(6) of the Companies Act is required to trigger suspension, and in this ca…

Source excerpt

  • Winding Up Of Company
  • Business Rescue Suspension
  • Credit Facility Dispute
  • Section 131 Companies Act
  • Section 345 Companies Act
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Civil Procedure [2021] ZALMPPHC 71

Makhopa and Others v Master of the High Court Polokwane and Others (6791/2021)

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…

Source excerpt

  • Interim Interdict
  • Company Liquidation
  • Creditors Meeting Irregularity
  • Proof Of Claims
  • Business Rescue Suspension
  • Appointment Of Liquidators
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.