South Africa Case Law

Alternative Finance Solutions (Pty) Ltd v Master of the Free State High Court, Bloemfontein and Others (4006/2024)

Alternative Finance Solutions (Pty) Ltd v Master of the Free State High Court, Bloemfontein and Others (4006/2024) [2025] ZAFSHC 41 (13 February 2025)

Court

Free State High Court, Bloemfontein

Case number

4006/2024

Judges

Daffue, Grobler

The High Court dismissed a review of liquidation-account decisions, holding that Standard Bank’s claim was validly admitted and that the other objections lacked merit.

• Companies Act 1973 Section 407 Review
• Liquidation And Distribution Account
• Secured Creditor Priority
• Admission Of Claims In Liquidation
• Interest On Claims
• Costs In 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

Vincemus Investments (Pty) Ltd v Bekker N.O. and Others (12477/2020)

Vincemus Investments (Pty) Ltd v Bekker N.O. and Others (12477/2020) [2023] ZAWCHC 169 (25 July 2023)

Court

Western Cape High Court, Cape Town

Case number

12477/2020

Judge

P.A.L. Gamble

The court held that Vincemus Investments (Pty) Ltd was entitled to recover its wasted costs in the abortive winding-up application as costs in the liquidation of Travea (Pty) Ltd. The court found that Vincemus acted bona fide and that the liquidators and other creditors opposed the claim not on legal principle but due to the quantum of the bill. The court rejected Vital Fleet's argument that only one set of costs could be recovered, finding that the relevant legal authorities and practice did not preclude the court from exercising its discretion to direct payment of such costs. The court furt…

Source excerpt

• Winding Up Proceedings
• Costs In Liquidation
• Insolvency Act Section 97
• Creditor Priority
• Liquidation Distribution Account

Matsepe N.O and Another v Kroons Gourmet Chickens (Pty0 Ltd and Others (A185/2020)

Matsepe N.O and Another v Kroons Gourmet Chickens (Pty0 Ltd and Others (A185/2020) [2023] ZAGPPHC 674 (24 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

A185/2020

Judges

MNGQIBISA-THUSI, N Janse van Nieuwenhuizen, H Kooverjie

The court held that although the respondents did not object to the inclusion of legal costs for the section 417 enquiry in their objection to the Master, this was because the relevant facts only became apparent in the affidavits filed during the review application. The issue was fully canvassed in the papers and argued before the court a quo, and the appellants conceded that such costs do not ordinarily form part of administration costs. Section 407(4)(a) empowers the court to make any order it deems fit, and the relief granted was covered by the prayer for further and/or alternative relief.…

Source excerpt

• Liquidation And Distribution Account
• Costs In Liquidation
• Section 417 Enquiry
• Review Of Master Decision
• Settlement Agreement Obligations

Vincemus Investments (Pty) Ltd v Bekker N.O. and Others In re: Vincemus Investments (Pty) Ltd v Travea (Pty) Ltd (12477/2020)

Vincemus Investments (Pty) Ltd v Bekker N.O. and Others In re: Vincemus Investments (Pty) Ltd v Travea (Pty) Ltd (12477/2020) [2022] ZAWCHC 207 (28 October 2022)

Court

Western Cape High Court, Cape Town

Case number

12477/2020

Judge

Binns-Ward

The court postponed a costs application in a winding-up matter and issued a further rule nisi on whether the applicant’s costs should rank in Travea’s liquidation.

• Winding Up Proceedings
• Costs In Liquidation
• Concursus Creditorum
• Preferent Claims
• Creditors Objections
• Winding-up-proceedings

Marx v Coalition Trading 561 CC (Nedbank Limited) (4889/2021)

Marx v Coalition Trading 561 CC (Nedbank Limited) (4889/2021) [2022] ZAFSHC 125 (26 April 2022)

Court

Free State High Court, Bloemfontein

Case number

4889/2021

Judge

Snellenburg

The High Court confirmed a rule nisi placing Coalition Trading 561 CC in final liquidation after finding a bona fide dispute had not been shown.

• Close Corporations Act Liquidation
• Commercial Insolvency
• Badenhorst Rule
• Statutory Demand
• Costs In Liquidation
• Liquidation

Solotrade 1088 (Pty) Ltd v Kortec Auto (Pty) Ltd (M486/2019)

Solotrade 1088 (Pty) Ltd v Kortec Auto (Pty) Ltd (M486/2019) [2021] ZANWHC 80 (23 November 2021)

Court

North West High Court, Mafikeng

Case number

M486/2019

Judge

R D Hendricks

The court found that the respondent is commercially insolvent, as it cannot pay its admitted debt to the applicant and its liabilities exceed its assets. The technical requirements for the liquidation application were met, and the respondent's financial position, despite some improvement, remains insufficient to discharge its debt. Although the respondent pleaded for the court to exercise its discretion against liquidation due to the interests of other creditors and employees, the court determined that a provisional liquidation order is appropriate. This allows interested parties, including o…

Source excerpt

• Company Liquidation
• Commercial Insolvency
• Creditor Petition
• Court Discretion In Liquidation
• Service Requirements
• Costs In Liquidation

Multopro Investments (Pty) Ltd and Another v Windsorton and Monte Leo Partnership and Others (2750/2016)

Multopro Investments (Pty) Ltd and Another v Windsorton and Monte Leo Partnership and Others (2750/2016) [2017] ZANCHC 64 (6 June 2017)

Court

Northern Cape High Court, Kimberley

Case number

2750/2016

Judge

Mamosebo

The High Court refused a postponement sought to file opposing affidavits, finding no adequate explanation and no breach of section 34 access to court rights.

• Postponement Of Proceedings
• Abuse Of Process
• Access To Court
• Costs In Liquidation
• Postponement-of-proceedings
• Access-to-court

Trustees for the Time Being of the Bermack Trust ( NO IT 1730/1996) and Another v Patel N.O and Another (9282/2014)

Trustees for the Time Being of the Bermack Trust ( NO IT 1730/1996) and Another v Patel N.O and Another (9282/2014) [2014] ZAWCHC 105 (8 July 2014)

Court

Western Cape High Court, Cape Town

Case number

9282/2014

Judge

Binns-Ward

The court postponed a liquidator-removal application, consolidated it with related liquidation matters, and authorised the co-liquidator to act alone pending hearing.

• Liquidator Removal
• Conflict Of Interest
• Winding Up Procedure
• Costs In Liquidation
• Creditor Dispute
• Liquidator-removal

Gore NO and Others v Basson NO and Others (13249/12)

Gore NO and Others v Basson NO and Others (13249/12) [2012] ZAWCHC 331 (15 October 2012)

Court

Western Cape High Court, Cape Town

Case number

13249/12

Judge

K M Savage

The court found that the application complied with section 382(1) of the Companies Act, as the subsequent confirmatory affidavit by the second applicant amounted to ratification of the act of launching the application. The powers sought by the provisional liquidators were considered, and the court authorised the applicants to borrow up to R750,000 for specific expenses, finding that the higher amount requested was not justified by the evidence. The court authorised the applicants to bring or defend legal proceedings and to continue any part of the business necessary for winding-up, but reserv…

Source excerpt

• Liquidation Powers
• Ratification Of Liquidator Acts
• Borrowing Authority
• Fiduciary Duties Of Liquidators
• Costs In Liquidation