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South Africa Case Law

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Commercial And Corporate [2021] ZAGPJHC 524

Keevy N.O. and Another v Lubbe Construction (Pty) Ltd (4784/2020)

Keevy N.O. and Another v Lubbe Construction (Pty) Ltd (4784/2020) [2021] ZAGPJHC 524 (12 March 2021)

Court
South Gauteng High Court, Johannesburg
Case number
4784/2020
Judge
MJ Engelbrecht

The court found that the applicants failed to satisfy the requirements for a winding up order under section 344(f) and 345(1)(b) of the 1973 Companies Act, as the sheriff's returns were limited to movable property and did not establish that Lubbe Construction lacked disposable property, including unencumbered immovable assets. The evidence showed that Lubbe Construction owned multiple properties, some of which were unbonded, and thus the company could not be deemed unable to pay its debts solely on the basis of the returns. The alternative ground under section 81(1)(c)(ii) of the 2008 Compani…

Source excerpt

  • Winding Up Of Company
  • Commercial Insolvency
  • Disposable Property
  • Creditor Enforcement
  • Just And Equitable Winding Up
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Commercial And Corporate [2016] ZASCA 30

Eravin Construction CC v Bekker NO and Others (20736/2014)

Eravin Construction CC v Bekker NO and Others (20736/2014) [2016] ZASCA 30; 2016 (6) SA 589 (SCA) (23 March 2016)

Court
Supreme Court of Appeal
Case number
20736/2014
Judges
Lewis, Tshiqi, Swain, Dambuza, Plasket

The Supreme Court of Appeal held that the payment made by Ditona to Eravin was void under section 341(2) of the Companies Act 61 of 1973, and the debt to repay arose immediately upon receipt of the disposition. Section 154(2) of the Companies Act 71 of 2008 precludes enforcement of any debt owed before the commencement of business rescue proceedings. The court rejected the argument that the debt only became claimable after the liquidators discovered the payment, distinguishing between when a debt is owed and when it is claimable. The court further held that section 154(2) applies to all credi…

Source excerpt

  • Void Disposition
  • Business Rescue
  • Creditor Enforcement
  • Companies Act 1973
  • Companies Act 2008
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Banking And Finance [2011] ZAKZDHC 21

First Rand Bank Ltd v Evans (4229/10)

First Rand Bank Ltd v Evans (4229/10) [2011] ZAKZDHC 21; 2011 (4) SA 597 (KZD) (18 March 2011)

Court
Kwazulu-Natal High Court, Durban
Case number
4229/10
Judge
Wallis

The court held that the respondent's letter of 17 April 2009, stating he was under debt review and requesting cancellation of a debit order, constituted written notice of inability to pay debts and therefore an act of insolvency under section 8(g) of the Insolvency Act. The National Credit Act does not preclude sequestration proceedings, as such proceedings are not enforcement of rights under a credit agreement. The existence of a debt rearrangement order and the respondent's payments were considered, but the court found that the respondent's financial position had not improved sufficiently t…

Source excerpt

  • Provisional Sequestration
  • Act Of Insolvency
  • National Credit Act
  • Debt Review
  • Creditor Enforcement
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Civil Procedure [2011] ZAWCHC 111

Indasu Holdings (Pty) Ltd v Itemate Solutions (Pty) Ltd (514/11)

Indasu Holdings (Pty) Ltd v Itemate Solutions (Pty) Ltd (514/11) [2011] ZAWCHC 111 (1 January 2011)

Court
Western Cape High Court, Cape Town
Case number
514/11
Judge
Henney

The court found that there was a bona fide dispute regarding the amount owed by the Respondent to the Applicant, particularly concerning the period for which rental was due and the calculation of the outstanding amount. The evidence showed ongoing negotiations and conflicting positions on the lease termination date and rental liability. The Applicant failed to establish that the Respondent was unable to pay its debts, and the use of liquidation proceedings to enforce payment of a disputed debt was improper. The Applicant should have pursued ordinary debt enforcement procedures, such as issuin…

Source excerpt

  • Provisional Liquidation
  • Bona Fide Dispute Of Debt
  • Creditor Enforcement
  • Arrear Rental
  • Lease Termination
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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.