Esheria South Africa Case Law
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

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Commercial And Corporate [2014] ZAGPJHC 273

Engen Petroleum Ltd v Goudis Carriers (Pty) Ltd ( In Liquidation) (2013/ A5043)

Engen Petroleum Ltd v Goudis Carriers (Pty) Ltd ( In Liquidation) (2013/ A5043) [2014] ZAGPJHC 273; [2015] 1 All SA 324 (GJ); 2015 (6) SA 21 (GJ) (20 October 2014)

Court
South Gauteng High Court, Johannesburg
Case number
2013/ A5043
Judge
R Sutherland

Section 341(2) of the Companies Act 61 of 1973 does not empower the court to validate dispositions made by a company after the date of the final winding-up order. The phrase 'being wound up' refers to the period between the presentment of the winding-up application and the granting of the final order. After the final order, the company's office bearers lose authority to make valid dispositions, and only the liquidator may act for the company. The retrospective effect of concursus creditorum renders transactions made after the final order void, and the court's power to validate is limited to t…

Source excerpt

  • Winding Up
  • Concursus Creditorum
  • Court Validation Of Dispositions
  • Companies Act Section 341 2
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.

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