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South Africa decisions
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Barnard N.O and Others ; In re TFM Industries (Pty) Ltd (2023–035743) [2023] ZAGPJHC 420 (3 May 2023)
The High Court granted urgent relief to liquidators of TFM Industries, authorising steps to remove and store assets after lease termination, and admitted intervening parties.
Wilcass Group CC v The Premier of Limpopo Provincial Government and Another (29074/12) [2015] ZAGPPHC 795 (19 November 2015)
The court held that the plaintiff, Wilcass Group CC, failed to establish locus standi to institute proceedings in its own name without reference to its liquidation or representation by its liquidators. Section 386(4)(a) of the Companies Act 61 of 1973 requires that only the liquidators may institute or defend proceedings on behalf of a company in liquidation, and the citation must reflect this authority. The particulars of claim did not plead the necessary authority or locus standi, and oral evidence on this point would not cure the defect, as it is a matter of law that must be pleaded. The f…
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Morrison and Others v Vaughn and Others (07/23990) [2008] ZAGPHC 171 (13 June 2008)
The High Court granted liquidators leave to litigate, set aside creditor resolutions, ordered eviction from the Houghton property, and dismissed a PIE-based counter-application.
National Union of Metalworkers of South Africa and Others v Master of the High Court Transvaal Provincial Division and Others (11054/04) [2006] ZAGPHC 190 (11 May 2006)
The court found that the Master's decision to extend the third respondent's powers was reviewable administrative action under PAJA. The extension was granted based on irrelevant considerations, namely the interests of third parties, and not for the benefit of the insolvent estate or its creditors. The liquidator had no assets to recover and no claims to satisfy, and the judgment sought against BVB would be worthless. The indemnity offered by Andre Botha was of no proven value. The decision was so unreasonable that no reasonable decision-maker could have reached it. The third respondent acted…
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Torre NO and Others v Tarazona and Others (12304/06 , 12304/06) [2006] ZAGPHC 40 (30 April 2006)
The High Court dismissed an urgent application to authorise a liquidation sale, holding that the liquidators should first consider a higher rival offer.
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