South Africa Case Law

Brother International (Pty) Ltd v Bopang Distribution and Logistics (Pty) Ltd (2023-072737)

Brother International (Pty) Ltd v Bopang Distribution and Logistics (Pty) Ltd (2023-072737) [2023] ZAGPPHC 1180 (2 October 2023)

Court

North Gauteng High Court, Pretoria

Case number

2023-072737

Judge

WJ du Plessis

The High Court confirmed a provisional liquidation order, rejecting the respondent’s request to extend the rule nisi for more time to pursue a counterclaim.

• Final Liquidation
• Just And Equitable Winding Up
• Counterclaim In Liquidation
• Broad Based Black Economic Empowerment
• Creditor Rights
• Final-liquidation

Khewija Engineering and Construction (Pty) Ltd v Van Den Steen NO and Another (12760/2021)

Khewija Engineering and Construction (Pty) Ltd v Van Den Steen NO and Another (12760/2021) [2023] ZAGPJHC 760 (4 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

12760/2021

Judge

P H Malungana

The court found that Khewija failed to establish a prima facie case for a genuine counterclaim with reasonable prospects of success. The applicant's indebtedness to Group Five was confirmed by written undertakings and correspondence, and the counterclaim was only raised after repeated defaults and rejection of settlement proposals. Khewija did not comply with the contractual requirements for notifying defects and referring disputes for adjudication prior to arbitration. The application to uplift the statutory moratorium and stay the liquidation was not bona fide and would undermine the purpos…

Source excerpt

• Business Rescue Moratorium
• Stay Of Liquidation
• Arbitration Act Section 6
• Counterclaim In Liquidation
• Contractual Damages
• Companies Act Section 345

Aerontec (Pty) Limited v South Harbour Tankfarm CC (18712/2019)

Aerontec (Pty) Limited v South Harbour Tankfarm CC (18712/2019) [2021] ZAWCHC 21 (9 February 2021)

Court

Western Cape High Court, Cape Town

Case number

18712/2019

Judge

Davis

The High Court granted final winding up of South Harbour Tankfarm CC, finding it unable to pay its debts and rejecting its unliquidated counterclaim as a basis to resist liquidation.

• Winding Up Of Company
• Commercial Insolvency
• Counterclaim In Liquidation
• Consumer Protection Act
• Contractual Exclusion Of Set Off
• Winding-up