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Commercial And Corporate [2016] ZAGPPHC 101

AFGRI Operations Limited v Hamba Fleet Proprietary Limited (86600/14)

AFGRI Operations Limited v Hamba Fleet Proprietary Limited (86600/14) [2016] ZAGPPHC 101 (3 March 2016)

The court found that the respondent had a genuine and substantial counter-claim against the applicant, with pending litigation for amounts far exceeding the applicant's claim. The respondent's claims were not spurious and had substance, and the parties had not had the opportunity to fully ventilate the issues in the present proceedings. The court accepted that, in line with both South African and English law, the existence of such a counter-claim justifies the exercise of judicial discretion to refuse a winding-up order. The applicant's locus standi as a creditor and compliance with statutory…

  • Company Liquidation
  • Counter Claims In Winding Up
  • Court Discretion
  • Taxed Costs
  • Creditor Standing
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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.