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South Africa Case Law

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Commercial And Corporate [2024] ZAGPPHC 810

Lovely v Starbuck N.O and Others (42820/2023)

Lovely v Starbuck N.O and Others (42820/2023) [2024] ZAGPPHC 810 (13 August 2024)

Court
North Gauteng High Court, Pretoria
Case number
42820/2023
Judge
Woodrow

The applicant failed to make out a case for setting aside the final liquidation of Timana Properties. The founding affidavit did not provide sufficient facts to demonstrate that the continuance of the winding-up was unnecessary or undesirable. The applicant did not properly serve or join all creditors, failed to address the position and expenses of the liquidators, and did not provide evidence that all creditors were paid or that the company was solvent. The court found that Timana Properties remained insolvent, with significant deficiencies owed to Nedbank and Prevance Capital. The discretio…

Source excerpt

  • Company Liquidation
  • Setting Aside Winding Up
  • Creditor Rights
  • Court Discretion Under Companies Act
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Commercial And Corporate [2009] ZASCA 103

Ronbel 108 (Pty) Ltd v Sublime Investments (Pty) Ltd (555/08)

Ronbel 108 (Pty) Ltd v Sublime Investments (Pty) Ltd (555/08) [2009] ZASCA 103; 2010 (2) SA 517 (SCA) ; [2010] 1 All SA 338 (SCA) (18 September 2009)

Court
Supreme Court of Appeal
Case number
555/08
Judges
Streicher, Nugent, Van Heerden, Hurt, Griesel

The Supreme Court of Appeal held that Absa, the original plaintiff, made a deliberate decision not to notify the liquidator of its intention to continue with the proceedings, and did not change this decision during the period it held the claim. The appellant, who acquired Absa's claim long after the expiry of the notice period, failed to provide a satisfactory explanation for the delay and non-compliance with section 359(2) of the Companies Act. The court found that the proceedings must be considered abandoned unless the court exercises its discretion otherwise. Given the deliberate abandonme…

Source excerpt

  • Companies Act 1973
  • Liquidation Proceedings
  • Abandonment Of Proceedings
  • Court Discretion Under Companies Act
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Commercial And Corporate [2007] ZAKZHC 35

De Villiers Berrange and Others v Registrar of Companies and Others (2623/07)

De Villiers Berrange and Others v Registrar of Companies and Others (2623/07) [2007] ZAKZHC 35 (5 December 2007)

Court
High Courts - Kwazulu Natal
Case number
2623/07
Judge
Theron

The court held that it has jurisdiction under section 73(6)(b) of the Companies Act to qualify or limit the retroactive effect of a restoration order, particularly to protect the rights of third parties who may be prejudiced by the restoration. However, in this case, the qualification proposed by PricewaterhouseCoopers would unfairly prejudice the liquidators and creditors of NRBH by allowing PWC to benefit from an administrative error that led to deregistration. The court confirmed the restoration order without the qualification sought by PWC, thereby validating the acts of the liquidators d…

Source excerpt

  • Company Deregistration
  • Liquidation
  • Restoration Of Company Registration
  • Prescription
  • Court Discretion Under Companies Act
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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.

Source links and collection timestamps are retained alongside the indexed records.