South Africa Case Law

Van der Merwe v Empedocles NO and Others (33977/2020)

Van der Merwe v Empedocles NO and Others (33977/2020) [2020] ZAGPJHC 282 (9 November 2020)

Court

South Gauteng High Court, Johannesburg

Case number

33977/2020

Judge

Maier-Frawley

The court found that the company was factually and commercially insolvent, with liabilities far exceeding assets and the applicant's creditor claim omitted from the voluntary liquidation process. The court held that, in law, it is not necessary to set aside the voluntary winding-up before granting a compulsory winding-up order. The voluntary liquidation process, including the appointment of the current liquidators, was confirmed, and the compulsory winding-up order was granted. The date of commencement for the winding-up is the date of registration of the special resolution. The applicant and…

Source excerpt

• Compulsory Winding Up
• Voluntary Liquidation
• Appointment Of Liquidators
• Creditors Rights
• Impeachable Dispositions

Furniture Bargaining Council v AXZS Industries (Pty) Ltd Trading as Don Elly Enterprises (2018/40163)

Furniture Bargaining Council v AXZS Industries (Pty) Ltd Trading as Don Elly Enterprises (2018/40163) [2019] ZAGPJHC 457; [2020] 1 All SA 391 (GJ); 2020 (2) SA 215 (GJ) (11 October 2019)

Court

South Gauteng High Court, Johannesburg

Case number

2018/40163

Judge

P.N. Levenberg

The court held that the commencement of a voluntary winding-up after the initiation of a compulsory winding-up application does not prevent the court from granting a compulsory winding-up order. The compulsory winding-up is deemed to have commenced at the date of the application, and any subsequent voluntary winding-up is ineffective and void. The Respondent's conduct in commencing a voluntary winding-up was found to be an abuse of process intended to frustrate the compulsory winding-up and avoid investigation into possible wrongdoing. The court found the Respondent to be commercially insolve…

Source excerpt

• Compulsory Winding Up
• Voluntary Winding Up
• Collective Bargaining Agreement
• Company Insolvency
• Abuse Of Process

Corporate Money Managers (Pty) Ltd and Others v Panomo Properties 49 (Pty) Ltd (65348/2012)

Corporate Money Managers (Pty) Ltd and Others v Panomo Properties 49 (Pty) Ltd (65348/2012) [2013] ZAGPPHC 132 (24 May 2013)

Court

North Gauteng High Court, Pretoria

Case number

65348/2012

Judge

Pretorius

The High Court granted a provisional compulsory winding-up order, set aside any voluntary liquidation, and held that the respondent was commercially insolvent.

• Compulsory Winding Up
• Voluntary Liquidation
• Commercial Insolvency
• Director Disqualification
• Compulsory-winding-up
• Voluntary-liquidation

Jorpe Turnkey Projects CC v HCI Khusela Coal (Pty) Ltd (Sapire AJ)

Jorpe Turnkey Projects CC v HCI Khusela Coal (Pty) Ltd (Sapire AJ) [2011] ZAGPPHC 201 (14 October 2011)

Court

North Gauteng High Court, Pretoria

Case number

576992/10

Judge

Sapire AJ

The High Court dismissed a compulsory winding-up application because the alleged debt was genuinely disputed and the company’s support arrangements meant it was not shown unable to pay.

• Compulsory Winding Up
• Creditor Status
• Disputed Indebtedness
• Resolution Of Factual Disputes
• Compulsory-winding-up
• Disputed-indebtedness