South Africa Case Law

Engen Petroleum (Pty) Ltd v Link Oil and Lubricants (Pty) Ltd (2024/134408)

Engen Petroleum (Pty) Ltd v Link Oil and Lubricants (Pty) Ltd (2024/134408) [2025] ZAGPJHC 749 (30 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/134408

Judge

H A van der Merwe

The respondent's own communications admitted indebtedness to the applicant and inability to pay. No answering affidavit was filed to dispute these facts. The respondent has vacated its principal place of business and has no employees at its registered address. The court found that the respondent is commercially insolvent and that the applicant, as an unpaid creditor, is entitled to a final winding-up order. The discretion to refuse such an order is very narrow and no special circumstances were shown to justify refusal.

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• Company Liquidation
• Commercial Insolvency
• Acknowledgement Of Debt

WH Civil Engineering (Pty) Ltd and Another v Vander Diamonds (Pty) Ltd and Others (3575/2020)

WH Civil Engineering (Pty) Ltd and Another v Vander Diamonds (Pty) Ltd and Others (3575/2020) [2025] ZAMPMHC 34 (4 July 2025)

Court

Middelburg High Court, Mpumalanga

Case number

3575/2020

Judge

JL Bhengu

The High Court dismissed condonation for a late leave-to-appeal application, finding that the deponent lacked authority and the papers did not show prospects of success.

• Condonation
• Leave To Appeal
• Locus Standi
• Authority Of Directors
• Company Liquidation
• Leave-to-appeal

Smith NO and Another v Van Jaarsveld and Another (4990/2021)

Smith NO and Another v Van Jaarsveld and Another (4990/2021) [2025] ZAFSHC 189 (26 June 2025)

Court

Free State High Court, Bloemfontein

Case number

4990/2021

Judge

Ntanga AJ

The court found that the payments made by Trackstar Trading 140 (Pty) Ltd to the first respondent after the liquidation application was launched but before the liquidation order was granted constituted dispositions within the meaning of section 341(2) of the Companies Act. The first respondent was aware of the liquidation proceedings and the payments amounted to undue preference over other creditors. The default position under section 341(2) is that such payments are void unless the court exercises its discretion to validate them. After considering the facts, the chronology of events, and the…

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• Company Liquidation
• Void Disposition
• Business Rescue Practitioner Fees
• Undue Preference
• Court Validation Of Payments

Matlhatse Trading Enterprise CC v Body Corporate of Bateleur and Others (59894/2021)

Matlhatse Trading Enterprise CC v Body Corporate of Bateleur and Others (59894/2021) [2025] ZAGPPHC 463 (10 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

59894/2021

Judge

C Collis

The court dismissed an application to rescind a final winding-up order, holding that section 354 of the Companies Act was the proper route and the company lacked locus standi.

• Company Liquidation
• Rescission Of Order
• Locus Standi
• Attorney And Client Costs
• Condonation
• Section 354 Companies Act

Morrison and Sons (Pty) Ltd v Post Desk (Pty) Ltd (2023-123698)

Morrison and Sons (Pty) Ltd v Post Desk (Pty) Ltd (2023-123698) [2025] ZAGPPHC 341 (28 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023-123698

Judge

A Maier-Frawley

The applicant established, on a balance of probabilities, that the respondent is unable to pay its debts as envisaged by section 345 of the Companies Act, 1973. The applicant complied with all procedural requirements, including proper service of the statutory demand at the respondent's registered address. The respondent's opposition was based on unsubstantiated denials and lacked material particularity, failing to raise a bona fide dispute of fact. The respondent did not provide credible evidence of payment or solvency, and its technical objections regarding the case number were without merit…

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• Company Liquidation
• Commercial Insolvency
• Statutory Demand
• Cession Of Claim
• Provisional And Final Liquidation
• Service Of Process

Absa Bank Limited v PP Mare Boerdery (Pty) Ltd (8655/2023)

Absa Bank Limited v PP Mare Boerdery (Pty) Ltd (8655/2023) [2025] ZALMPPHC 53 (25 March 2025)

Court

Limpopo High Court, Polokwane

Case number

8655/2023

Judge

Kganyago

The High Court granted a provisional winding-up order against a surety company, finding a prima facie case of commercial insolvency and no bona fide dispute.

• Suretyship
• Company Liquidation
• Commercial Insolvency
• Provisional Winding Up
• Debt Collection
• Secured Lending

Globustarr Trading CO L.L.C v Mayana Properties Pty Ltd (2021/59389)

Globustarr Trading CO L.L.C v Mayana Properties Pty Ltd (2021/59389) [2025] ZAGPJHC 315; [2025] 3 All SA 160 (GJ); 2025 (4) SA 594 (GJ) (18 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/59389

Judge

H A van der Merwe

The court found that Mayana Properties (Pty) Ltd is hopelessly insolvent, with liabilities far exceeding its assets and no active business to rescue. The business rescue application was brought cynically and at the last possible moment to disrupt the liquidation proceedings, and lacked any reasonable prospect of success. The evidence of alleged fraud was unsupported and the respondent's conduct amounted to an abuse of process. Applying the Supreme Court of Appeal's decision in PFC Properties, the court held that section 131(6) of the Companies Act does not suspend liquidation proceedings wher…

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• Company Liquidation
• Business Rescue
• Abuse Of Process
• Creditor Claims
• Section 131 Companies Act
• Costs De Bonis Propriis

Khumalo Engineering (Pty) Ltd v Step Up Engineering (Pty) Ltd (075138-2023)

Khumalo Engineering (Pty) Ltd v Step Up Engineering (Pty) Ltd (075138-2023) [2025] ZAGPPHC 182 (27 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

075138-2023

Judge

Lenyai

The High Court granted provisional liquidation against Step Up Engineering after finding that Khumalo Engineering had established an unpaid debt and no bona fide dispute.

• Company Liquidation
• Creditor Claim
• Settlement Agreement
• Section 345 Notice
• Breach Of Contract
• Company-liquidation

Aircraft Asset Finance Corporation (Pty) Limited v Deymine (Pty) Limited and Others (114305/2023)

Aircraft Asset Finance Corporation (Pty) Limited v Deymine (Pty) Limited and Others (114305/2023) [2025] ZAGPJHC 125 (12 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

114305/2023

Judge

Senyatsi

The court found that the respondents, by executing the deeds of suretyship, bound themselves as co-principal debtors for the first respondent's obligations under the master lease agreements. The respondents' defences were rejected as they failed to provide sufficient factual detail to establish a bona fide dispute regarding the amount claimed, and their denial was considered a bare denial. The respondents' argument that they did not intend to be bound by the deeds of surety was dismissed, as South African law holds that a person who signs a contract is bound by its terms unless fraud or misre…

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• Suretyship
• Enforcement Of Debt
• Waiver Of Exceptions
• Authority To Institute Proceedings
• Company Liquidation

Jaltech Structuring (Pty) Ltd v Impact Empowerment Ventures (Pty) Ltd (031028/2023; 031035/2023)

Jaltech Structuring (Pty) Ltd v Impact Empowerment Ventures (Pty) Ltd (031028/2023; 031035/2023) [2025] ZAGPJHC 111 (10 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

031028/2023; 031035/2023

Judge

T E Joyini

High Court winding-up judgment granting final liquidation of two related respondent companies after finding an admitted debt, commercial insolvency, and no bona fide dispute.

• Company Liquidation
• Commercial Insolvency
• Settlement Agreement
• Disputed Debt
• Bona Fide Dispute
• Costs In Liquidation