South Africa Case Law

Garcao v Master of the Northern Cape High Court, Kimberley and Others (185/13)

Garcao v Master of the Northern Cape High Court, Kimberley and Others (185/13) [2015] ZANCHC 10 (8 May 2015)

Court

Northern Cape High Court, Kimberley

Case number

185/13

Judges

BM Pakati, L Lever

The court found that the enquiry was properly convened under sections 417 and 418 of the Companies Act, as expressly stated in both the court order and the heading of the subpoena. The Assistant Master acted as a commissioner appointed in terms of section 418, and the proceedings complied with the statutory requirements. The applicant's argument that only the Master could conduct the enquiry was not supported by the wording of the Act or the facts. The applicant failed to provide particularity regarding alleged procedural unfairness and did not demonstrate prejudice. He also failed to address…

Source excerpt

• Liquidation Enquiry
• Companies Act Section 417
• Companies Act Section 418
• Review Of Proceedings
• Condonation
• Powers Of Liquidators

Huang v Bester NO (A5041/11)

Huang v Bester NO (A5041/11) [2012] ZAGPJHC 111; 2012 (5) SA 551 (GSJ) (30 May 2012)

Court

South Gauteng High Court, Johannesburg

Case number

A5041/11

Judges

Satchwell, Mayat, Tshabalala

The court held that a section 423 Companies Act enquiry in a winding-up may be delegated to a commissioner under section 418. The appeal was dismissed.

• Companies Act Section 418
• Companies Act Section 423
• Delegation Of Judicial Powers
• Liquidation Enquiry
• Just And Equitable Winding Up
• Companies-act-section-418