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South Africa decisions
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Premier FMCG (Pty) Ltd v ABC Fire Projects Proprietary Limited (4712/2021) [2021] ZAGPPHC 151 (12 March 2021)
The High Court granted provisional liquidation of ABC Fire Projects after finding a liquidated claim based on misappropriated funds and factual insolvency.
Hoer Volkskool Heildelberg v Safta Properties (Pty) Ltd (80658/2016) [2017] ZAGPPHC 555 (17 August 2017)
The court granted final winding up of a company that had stopped trading, failed to pay rent and electricity, and was held commercially insolvent.
Scania Finance Southern Africa (Pty) Ltd v Sheriff Johannesburg Zinandi Trading 1009 (Pty) Ltd (0017/2015) [2016] ZAGPJHC 189 (31 May 2016)
The court found that the second respondent failed to provide financial statements or management accounts to demonstrate its ability to pay its debts. The respondent did not pay the amount it admitted owing, nor did it provide security or a plausible explanation for non-payment. The court held that the applicant had complied with all statutory formalities for service and security. The respondent's points in limine regarding joinder and statutory compliance were dismissed as lacking merit. The court concluded that the second respondent is commercially insolvent and liable to be finally wound up…
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