South Africa Case Law

Nexnovo Africa (Pty) Ltd v Pro-Logistics Forwarding (Pty) Ltd (2024/121278)

Nexnovo Africa (Pty) Ltd v Pro-Logistics Forwarding (Pty) Ltd (2024/121278) [2024] ZAGPJHC 1236 (28 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/121278

Judge

N Manoim

The applicant established a bona fide dispute regarding its indebtedness to the respondent, as its damages claim plausibly exceeds the respondent's claim for unpaid services. The respondent failed to produce a signed contract indemnifying it from liability, and the applicant's claim is supported by evidence of theft and replacement costs. The urgency of the application is justified by the triggering of the section 345 process and the imminent risk of irreparable harm to the applicant's business, credit facilities, and future prospects. The court found that opposing the liquidation application…

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• Interim Interdict
• Companies Act Liquidation
• Bona Fide Dispute Of Debt
• Abuse Of Process
• Balance Of Convenience

ZTE Corporation South Africa v Arbiwizn (Pty) Ltd and Others (2022/040657)

ZTE Corporation South Africa v Arbiwizn (Pty) Ltd and Others (2022/040657) [2024] ZAGPPHC 896 (13 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

2022/040657

Judge

M Van Nieuwenhuizen

The High Court refused summary judgment in a vindication claim for telecoms equipment, finding triable issues on a lien, prescription, and possession.

• Rei Vindication
• Summary Judgment
• Contractual Liens
• Prescription
• Companies Act Liquidation
• Telecommunication Equipment

Van Niekerk v The MV "Madiba 1" (AC13/2018)

Van Niekerk v The MV "Madiba 1" (AC13/2018) [2022] ZAWCHC 125 (17 June 2022)

Court

Western Cape High Court, Cape Town

Case number

AC13/2018

Judge

Binns-Ward

The court held that section 1(3) of the Admiralty Jurisdiction Regulation Act was enacted to allow vessels chartered by demise to be arrested in actions in rem for maritime claims against the charterer, but does not transfer ownership or proprietary rights to the charterer. The arrest of the vessel attaches the property of the real owner, not the charterer, and does not constitute an attachment or execution against the charterer's assets under section 359(1)(b) of the Companies Act. The charterer's rights under the charterparty are personal and not attached by the arrest. The proposed special…

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• Admiralty Jurisdiction Regulation Act
• Demise Charter
• Action In Rem
• Companies Act Liquidation
• Attachment And Execution
• Statutory Interpretation

Van Zyl v Master of the High Court, Western Cape Division, Cape Town and Another (16839/2018)

Van Zyl v Master of the High Court, Western Cape Division, Cape Town and Another (16839/2018) [2020] ZAWCHC 30 (30 April 2020)

Court

Western Cape High Court, Cape Town

Case number

16839/2018

Judge

Binns-Ward

The High Court reviewed and set aside a Deputy Master’s findings of misconduct against a liquidator, holding they were legally flawed and unsupported.

• Judicial Review Under Paja
• Liquidator Misconduct
• Fiduciary Duties Of Liquidators
• Procedural Fairness
• Companies Act Liquidation
• Bias And Ulterior Motive

Moriting Life Administrators Limited (In Liquidation) v Centriq Life Insurance Company (CF) Limited and Another (11686/2015)

Moriting Life Administrators Limited (In Liquidation) v Centriq Life Insurance Company (CF) Limited and Another (11686/2015) [2017] ZAGPPHC 833 (27 February 2017)

Court

North Gauteng High Court, Pretoria

Case number

11686/2015

Judge

N Rajab-Budlender

The court held that the application for leave to amend the particulars of claim should be granted. The objections raised by the respondents did not render the amended pleadings excipiable. The existence and validity of a tacit or implied term in the subscriber agreement is a matter for the trial court, and the interpretation of the contract should not be decided on exception. The applicant was entitled to rely on section 341(2) of the Companies Act, as the relevant time to assess inability to pay debts is when proceedings are instituted. The alternative delictual claims were not so clearly un…

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• Amendment Of Pleadings
• Exception To Pleadings
• Contractual Interpretation
• Delictual Liability
• Companies Act Liquidation
• Pure Economic Loss

Knipe v Master, Free State High Court, Bloemfontein and Others (956/2014)

Knipe v Master, Free State High Court, Bloemfontein and Others (956/2014) [2014] ZAFSHC 145 (7 August 2014)

Court

Free State High Court, Bloemfontein

Case number

956/2014

Judge

Rampai

The High Court reviewed and set aside the Master’s acceptance of a creditor’s claim at a general meeting not convened for proof of claims.

• Companies Act Liquidation
• Proof Of Creditors Claims
• Review Of Administrative Decision
• Shareholder Locus Standi
• Irregular Meeting Procedure
• Companies-act-liquidation

Dennegeur Estate Huiseienaarsvereniging v Zonnekus Mansion (EDMS) BPK (2024/2011)

Dennegeur Estate Huiseienaarsvereniging v Zonnekus Mansion (EDMS) BPK (2024/2011) [2014] ZAWCHC 70 (8 May 2014)

Court

Western Cape High Court, Cape Town

Case number

2024/2011

Judge

Pillay

The court found that the respondent's dispute regarding the applicant's claim was genuine and based on reasonable grounds, specifically relating to compliance with prescribed formalities and internal procedures for levying charges. The respondent raised issues about the validity of resolutions authorising the charges and whether procedural requirements were met. The applicant failed to provide clear evidence that all levies and penalties were properly authorised in accordance with its constitution. The court held that such disputes should be resolved through trial, not liquidation proceedings…

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• Homeowners Association Liquidation
• Levy Disputes
• Procedural Compliance
• Companies Act Liquidation
• Penalty Levies

De Montlehu v Mayo N.O and Others (42552/2012)

De Montlehu v Mayo N.O and Others (42552/2012) [2014] ZAGPJHC 301; 2015 (3) SA 253 (GJ) (30 April 2014)

Court

South Gauteng High Court, Johannesburg

Case number

42552/2012

Judge

Kathree-Setiloane

The court held that the proviso to section 44(1) of the Insolvency Act applies to the late proof of claims in company liquidation proceedings. Starspan Investments lodged its claim almost five months after the second meeting of creditors without seeking leave from the Master or the Court, and without payment of any sum as directed for late proof. The Master's decision to admit the claim was based on an incorrect interpretation of the law, specifically the reliance on the Stone & Stewart judgment, which the court found to be clearly wrong. The statutory requirement in section 44(1) is perempto…

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• Companies Act Liquidation
• Insolvency Act Proof Of Claims
• Late Proof Of Claims
• Review Of Master Decision

Strydom NO v Master of the High Court and Another (38006/2010)

Strydom NO v Master of the High Court and Another (38006/2010) [2010] ZAGPPHC 164; 2010 (6) SA 630 (GNP) (15 October 2010)

Court

North Gauteng High Court, Pretoria

Case number

38006/2010

Judge

Tuchten

High Court review of the Master’s refusal to approve provisional liquidators’ fees was dismissed because fees should not be paid before confirmation.

• Promotion Of Administrative Justice Act
• Liquidator Remuneration
• Judicial Review
• Companies Act Liquidation
• Judicial-review
• Liquidator-remuneration