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South Africa decisions
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ABSA Bank Limited v Loumarles Landgoed (Pty) Ltd (2023/131314) [2025] ZAGPPHC 773 (7 August 2025)
The High Court granted ABSA a provisional winding-up order against Loumarles Landgoed, finding commercial insolvency and rejecting reliance on alternative remedies.
Van Dyk v DKD Machine Services (Pty) Ltd (Appeal) (25789/2024) [2025] ZAWCHC 321 (30 July 2025)
The court dismissed a winding-up application, finding no commercial insolvency and no just-and-equitable basis where exclusion followed the applicant’s resignation.
Engen Petroleum (Pty) Ltd v Link Oil and Lubricants (Pty) Ltd (2024/134408) [2025] ZAGPJHC 749 (30 July 2025)
The respondent's own communications admitted indebtedness to the applicant and inability to pay. No answering affidavit was filed to dispute these facts. The respondent has vacated its principal place of business and has no employees at its registered address. The court found that the respondent is commercially insolvent and that the applicant, as an unpaid creditor, is entitled to a final winding-up order. The discretion to refuse such an order is very narrow and no special circumstances were shown to justify refusal.
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Morwell Plant Hire (Pty) Ltd v Tseke Construction CC (2024/26563) [2025] ZAGPJHC 670 (10 July 2025)
The High Court granted provisional liquidation of a close corporation after finding an admitted debt, no proven payment defence, and a misconceived cession defence.
Hans Merensky Landowners Association (Pty) Ltd v Southern Sky Residential Properties (Pty) Ltd (2025/080158) [2025] ZALMPPHC 125 (24 June 2025)
The High Court granted final winding-up of a company that failed to pay levy debts, rejected a set-off defence, and found commercial insolvency.
Absa v Lezmin 2815 CC (906/2024) [2025] ZAFSHC 172 (11 June 2025)
The court found that the respondent's reliance on res judicata was misplaced, as the previous settlement agreement only resolved the earlier liquidation application and did not preclude the applicant from seeking liquidation in the event of subsequent non-compliance. The respondent admitted its indebtedness in multiple agreements, and its dispute related only to the quantification of the debt, not the existence of the debt itself. The respondent failed to provide credible evidence of liquidity, relying on unaudited financial statements and unsubstantiated claims of future income. The court wa…
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Fleurmax Konstruksie (Pty) Ltd v Zacon Projects (Pty) Ltd (006278-2025) [2025] ZAGPPHC 502 (16 May 2025)
Unopposed winding-up application dismissed. The court found no proof of insolvency and held liquidation was not appropriate where instalment payment was proposed.
Firstrand Bank Ltd trading inter alia as First National Bank v Dr Bongani Investments 066 CC (2037/2023) [2025] ZALMPPHC 69 (2 April 2025)
The High Court ordered the final liquidation of a close corporation after finding it commercially insolvent and rejecting lis alibi pendens and service objections.
Morrison and Sons (Pty) Ltd v Post Desk (Pty) Ltd (2023-123698) [2025] ZAGPPHC 341 (28 March 2025)
The applicant established, on a balance of probabilities, that the respondent is unable to pay its debts as envisaged by section 345 of the Companies Act, 1973. The applicant complied with all procedural requirements, including proper service of the statutory demand at the respondent's registered address. The respondent's opposition was based on unsubstantiated denials and lacked material particularity, failing to raise a bona fide dispute of fact. The respondent did not provide credible evidence of payment or solvency, and its technical objections regarding the case number were without merit…
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H.S.W v Masanti CC (1310/2025) [2025] ZAMPMHC 20 (26 March 2025)
Urgent winding-up application struck off the roll after the court found the applicant failed to prove urgency and had a disputed creditor status.
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