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South Africa Case Law

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Commercial And Corporate [2024] ZAGPPHC 1008

Oudtshoorn v Saltus Holdings Africa (Pty) Ltd t/a Carbon Fibre Designs (27959/2022)

Oudtshoorn v Saltus Holdings Africa (Pty) Ltd t/a Carbon Fibre Designs (27959/2022) [2024] ZAGPPHC 1008 (25 September 2024)

Court
North Gauteng High Court, Pretoria
Case number
27959/2022
Judge
Retief

The High Court granted provisional liquidation, finding the applicant was a creditor and that the respondent failed to show a bona fide dispute or commercial solvency.

  • Provisional Liquidation
  • Creditor Locus Standi
  • Company Debt
  • Interpretation Of Contracts
  • Commercial Insolvency
  • Provisional-liquidation
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Civil Procedure [2024] ZANCHC 20

Hanekom Plant & Civils cc v Kopaneng Construction & Civils (Pty) Ltd and Others (2038/2023)

Hanekom Plant & Civils cc v Kopaneng Construction & Civils (Pty) Ltd and Others (2038/2023) [2024] ZANCHC 20 (8 March 2024)

Court
Northern Cape High Court, Kimberley
Case number
2038/2023
Judge
Phatshoane

The High Court confirmed urgent preservation of funds due under a construction project and ordered costs against the first and second respondents.

  • Interim Interdict
  • Preservation Of Funds
  • Urgent Application
  • Costs Order
  • Company Debt
  • Abuse Of Process
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Commercial And Corporate [2023] ZAMPMHC 7

Juggernaut Trucking CC v Groundworx Construction Corporation (Proprietary) Limited (92/2022)

Juggernaut Trucking CC v Groundworx Construction Corporation (Proprietary) Limited (92/2022) [2023] ZAMPMHC 7 (2 March 2023)

Court
Middelburg High Court, Mpumalanga
Case number
92/2022
Judge
M Ramagaga

The High Court granted provisional liquidation after finding the applicant had shown a prima facie debt and that the respondent’s set-off defence was not bona fide.

  • Provisional Liquidation
  • Locus Standi
  • Contractual Consensus
  • Set Off
  • Company Debt
  • Creditor Rights
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Commercial And Corporate [2022] ZAGPJHC 311

Standard Bank of SA Ltd v Tsheola Dinare Tours and Transport Brokers (Pty)Ltd (22011/2021)

Standard Bank of SA Ltd v Tsheola Dinare Tours and Transport Brokers (Pty)Ltd (22011/2021) [2022] ZAGPJHC 311 (6 May 2022)

Court
South Gauteng High Court, Johannesburg
Case number
22011/2021
Judge
Molahlehi

The High Court granted a final winding-up order against the respondent, rejecting lis pendens and security-based objections and finding commercial insolvency.

  • Winding Up Of Company
  • Commercial Insolvency
  • Lis Pendens
  • Credit Agreements
  • Company Debt
  • Court Discretion
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Commercial And Corporate [2019] ZAFSHC 201

Trade First 2124 CC v ENM Trading CC (3133/2019)

Trade First 2124 CC v ENM Trading CC (3133/2019) [2019] ZAFSHC 201 (31 October 2019)

Court
Free State High Court, Bloemfontein
Case number
3133/2019
Judge
P.J. Loubser

The High Court dismissed an application to provisionally liquidate ENM Trading CC, finding that liquidation was not just and equitable in the circumstances.

  • Provisional Liquidation
  • Just And Equitable Winding Up
  • Demand For Payment
  • Company Debt
  • Variation Orders
  • Provisional-liquidation
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Civil Procedure [2019] ZAECGHC 21

Boshoff Visser Paarl (Pty) Ltd Limited v Oudewoning Boerdery (Pty) Limited

Boshoff Visser Paarl (Pty) Ltd Limited v Oudewoning Boerdery (Pty) Limited [2019] ZAECGHC 21 (5 March 2019)

Court
Eastern Cape High Court, Grahamstown
Case number
4373/2017
Judge
Poswa-Lerotholi

Provisional liquidation application dismissed after the court found most of the debt had prescribed and that winding-up proceedings did not interrupt prescription.

  • Provisional Liquidation
  • Prescription Act
  • Interruption Of Prescription
  • Company Debt
  • Acknowledgement Of Liability
  • Provisional-liquidation
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Commercial And Corporate [2017] ZAGPJHC 124

Mampeule v South African Securitisation Programme (RF) Ltd and Others (A5067/2015)

Mampeule v South African Securitisation Programme (RF) Ltd and Others (A5067/2015) [2017] ZAGPJHC 124 (22 February 2017)

Court
South Gauteng High Court, Johannesburg
Case number
A5067/2015
Judges
WHG van der Linde, DSS Moshidi, FHD Van Oosten

The High Court held that a director remained personally liable for company rental finance charges contracted during his tenure, even after resignation.

  • Director Liability
  • Company Debt
  • Rental Agreement
  • Attorney And Own Client Costs
  • Director-liability
  • Company-debts
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Commercial And Corporate [2013] ZAGPPHC 285

E H Hassim Hardware t/a E H Hassim v Silangos Managemnt Systems CC (66580/2012)

E H Hassim Hardware t/a E H Hassim v Silangos Managemnt Systems CC (66580/2012) [2013] ZAGPPHC 285 (10 October 2013)

Court
North Gauteng High Court, Pretoria
Case number
66580/2012
Judge
E M Kubushi

The High Court refused to liquidate a close corporation where the debt had largely been paid down and only a small balance remained in dispute.

  • Winding Up Of Company
  • Just And Equitable Ground
  • Judicial Discretion
  • Company Debt
  • Proof Of Indebtedness
  • Winding-up-of-company
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.