South Africa Case Law

Imvula Quality Protection (Africa) Pty (Ltd) v Dontsa Property Investments (Pty) Limited (037680/2023)

Imvula Quality Protection (Africa) Pty (Ltd) v Dontsa Property Investments (Pty) Limited (037680/2023) [2024] ZAGPPHC 458 (16 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

037680/2023

Judge

Kubushi

The court held that payment of the debt did not erase the liquidation application, but the applicant was not the successful party and got no costs.

• Liquidation Application
• Costs Award
• Companies Act Section 345
• Abuse Of Process
• Liquidation-application
• Costs-award

Southern Spirit Properties 227 (Pty) Ltd v Afro Joinery (Pty) Ltd and Another (10971/23P)

Southern Spirit Properties 227 (Pty) Ltd v Afro Joinery (Pty) Ltd and Another (10971/23P) [2024] ZAKZPHC 41 (18 January 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

10971/23P

Judge

Sipunzi AJ

High Court provisional liquidation matter holding that a without prejudice email was admissible to prove indebtedness and that the respondent’s counterclaim did not bar liquidation.

• Winding Up Of Companies
• Acknowledgement Of Debt
• Admissibility Of Without Prejudice Communications
• Locus Standi
• Companies Act Section 345
• Provisional-liquidation

Khewija Engineering and Construction (Pty) Ltd v Van Den Steen NO and Another (12760/2021)

Khewija Engineering and Construction (Pty) Ltd v Van Den Steen NO and Another (12760/2021) [2023] ZAGPJHC 760 (4 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

12760/2021

Judge

P H Malungana

The court found that Khewija failed to establish a prima facie case for a genuine counterclaim with reasonable prospects of success. The applicant's indebtedness to Group Five was confirmed by written undertakings and correspondence, and the counterclaim was only raised after repeated defaults and rejection of settlement proposals. Khewija did not comply with the contractual requirements for notifying defects and referring disputes for adjudication prior to arbitration. The application to uplift the statutory moratorium and stay the liquidation was not bona fide and would undermine the purpos…

Source excerpt

• Business Rescue Moratorium
• Stay Of Liquidation
• Arbitration Act Section 6
• Counterclaim In Liquidation
• Contractual Damages
• Companies Act Section 345

Standard Bank of South Africa Limited v Chakane Properties (Pty) Ltd (2709/2022)

Standard Bank of South Africa Limited v Chakane Properties (Pty) Ltd (2709/2022) [2022] ZAFSHC 250 (29 September 2022)

Court

Free State High Court, Bloemfontein

Case number

2709/2022

Judge

Opperman, J

The court held that liquidation proceedings are not legal proceedings for enforcement of a credit agreement under the National Credit Act, but are governed by the law of insolvency. The respondent's exclusive reliance on points of law without filing affidavits on the merits means the applicant's factual allegations are accepted. The respondent is commercially insolvent, having failed to pay substantial debts under three credit agreements and not provided any explanation for non-payment. Statutory notifications were properly served in terms of section 345 of the Companies Act. The requirements…

Source excerpt

• Provisional Liquidation
• Companies Act Section 345
• Credit Agreement Enforcement
• Commercial Insolvency

Jawaharlal v Celaglo (Pty) Ltd and Others (15531/2021)

Jawaharlal v Celaglo (Pty) Ltd and Others (15531/2021) [2022] ZAGPPHC 496 (28 June 2022)

Court

North Gauteng High Court, Pretoria

Case number

15531/2021

Judge

Phooko

The High Court rescinded a final liquidation order, finding the applicant was absent through procedural irregularity and that the debt was genuinely disputed.

• Rescission Of Judgment
• Liquidation Proceedings
• Company Creditor Rights
• Uniform Rules Rule 42
• Common Law Rescission
• Companies Act Section 345

Firstrand Bank Ltd t/a Wesbank v Enroute Traders 30 CC (3117/2017)

Firstrand Bank Ltd t/a Wesbank v Enroute Traders 30 CC (3117/2017) [2018] ZAECGHC 2 (16 January 2018)

Court

Eastern Cape High Court, Grahamstown

Case number

3117/2017

Judge

NG Beshe

High Court granted final winding-up of a close corporation after finding it unable to pay debts under the Companies Act.

• Winding Up Of Close Corporation
• Commercial Insolvency
• Creditor Rights
• Companies Act Section 344
• Companies Act Section 345
• Winding-up

Scania Finance Southern Africa (Pty) Ltd v Sheriff Johannesburg Zinandi Trading 1009 (Pty) Ltd (0017/2015)

Scania Finance Southern Africa (Pty) Ltd v Sheriff Johannesburg Zinandi Trading 1009 (Pty) Ltd (0017/2015) [2016] ZAGPJHC 189 (31 May 2016)

Court

South Gauteng High Court, Johannesburg

Case number

0017/2015

Judge

Ismail

The court found that the second respondent failed to provide financial statements or management accounts to demonstrate its ability to pay its debts. The respondent did not pay the amount it admitted owing, nor did it provide security or a plausible explanation for non-payment. The court held that the applicant had complied with all statutory formalities for service and security. The respondent's points in limine regarding joinder and statutory compliance were dismissed as lacking merit. The court concluded that the second respondent is commercially insolvent and liable to be finally wound up…

Source excerpt

• Winding Up Of Company
• Commercial Insolvency
• Creditor Application
• Companies Act Section 344
• Companies Act Section 345

ERF 289, Bantry Bay (Pty) Ltd v Exquisite Hotel Properties (Pty) Ltd and Another (5490/2011, 9762/2008)

ERF 289, Bantry Bay (Pty) Ltd v Exquisite Hotel Properties (Pty) Ltd and Another (5490/2011, 9762/2008) [2012] ZAWCHC 99 (31 January 2012)

Court

Western Cape High Court, Cape Town

Case number

5490/2011, 9762/2008

Judge

Weinkove

The court granted ABSA leave to intervene, discharged the prior rule nisi, and placed Exquisite Hotel Properties under provisional liquidation.

• Provisional Liquidation
• Creditor Intervention
• Locus Standi
• Companies Act Section 345
• Rule Nisi
• Provisional-liquidation

Seedat NO and Others v Gapstyle Investments (Pty) Ltd and Another (15531/2008)

Seedat NO and Others v Gapstyle Investments (Pty) Ltd and Another (15531/2008) [2009] ZAKZDHC 65 (13 November 2009)

Court

Kwazulu-Natal High Court, Durban

Case number

15531/2008

Judge

Sishi

The High Court granted a provisional winding-up order against Gapstyle Investments after finding unpaid rental arrears and rejecting objections to service and collusion.

• Provisional Winding Up
• Companies Act Section 345
• Creditor Claims
• Deeming Provisions
• Supplementary Affidavit
• Costs Order