Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

South Africa decisions

Decisions matching the current search

Clear filters
Commercial And Corporate [2021] ZAGPPHC 379

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.

  • Winding Up Of Company
  • Contract For Work And Labor
  • Onus Of Proof
  • Commercial Insolvency
  • Just And Equitable Ground
Read case analysis

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.