Telemax (Pty) Ltd v Kievits Kroon Country Estate (Pty) Ltd (18482/2020)
Telemax (Pty) Ltd v Kievits Kroon Country Estate (Pty) Ltd (18482/2020) [2021] ZAGPPHC 379 (15 June 2021)
The applicant failed to discharge the onus required for a final winding-up order. The oral agreement was a single contract for work and labor, and the applicant did not prove proper performance under either phase. The applicant is at best a contingent creditor, and its claim for full payment does not fall due. The respondent was entitled to refuse payment, and there is insufficient evidence of commercial insolvency or mismanagement. The just and equitable ground was not substantiated. Accordingly, the application for final winding-up is dismissed.
Source excerpt
- Winding Up Of Company
- Contract For Work And Labor
- Onus Of Proof
- Commercial Insolvency
- Just And Equitable Ground