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South Africa Case Law

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Commercial And Corporate [2023] ZAGPPHC 1147

Business Partners Limited v Montache Villas (Pty) Ltd (62454/2021)

Business Partners Limited v Montache Villas (Pty) Ltd (62454/2021) [2023] ZAGPPHC 1147 (6 September 2023)

Court
North Gauteng High Court, Pretoria
Case number
62454/2021
Judge
A Vorster

The respondent failed to repay the loan and royalties due to the applicant, and statutory demand was served and not met. The respondent is commercially insolvent, unable to pay its debts as they fall due, and has no cash or expendable capital to satisfy the applicant's claims. The respondent's opposition based on intended business rescue proceedings is legally untenable, as such proceedings had not commenced and no cogent evidence was provided of a reasonable prospect of rescue. The respondent's assertion of factual solvency is irrelevant where commercial insolvency is established. The applic…

Source excerpt

  • Winding Up Of Company
  • Commercial Insolvency
  • Business Rescue Proceedings
  • Creditor Entitlement
  • Court Discretion In Liquidation
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Commercial And Corporate [2023] ZAGPJHC 507

Chauchard and Others v Fire Ring Trading 15 (Pty) Ltd (19/17910)

Chauchard and Others v Fire Ring Trading 15 (Pty) Ltd (19/17910) [2023] ZAGPJHC 507 (18 May 2023)

Court
South Gauteng High Court, Johannesburg
Case number
19/17910
Judge
Thompson

The court found that the applicants had satisfied all requirements for a final winding up order and that the respondent's repeated failure to prosecute any of its rescission applications to finality over a protracted period was fatal to its case. The respondent's reliance on the rescission applications as a defence was deemed opportunistic and self-created, lacking bona fides. The court held that the discretion to refuse a winding up order is narrow and requires compelling reasons, which were absent in this case due to the respondent's inordinate delay and lack of reasonable explanation. The…

Source excerpt

  • Winding Up Of Company
  • Creditor Entitlement
  • Rescission Of Judgment
  • Finality Of Litigation
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Commercial And Corporate [2016] ZAECPEHC 53

Future Corp (Pty) Ltd v Qingqani Ma-Afrika CC (4769/2015)

Future Corp (Pty) Ltd v Qingqani Ma-Afrika CC (4769/2015) [2016] ZAECPEHC 53 (20 September 2016)

Court
Eastern Cape High Court, Port Elizabeth
Case number
4769/2015
Judge
RB Laher

The respondent has failed to pay its admitted debt to the applicant and has not presented any credible or detailed plan for restructuring or settling its liabilities. The respondent's reliance on potential future awards and pending payments is insufficient to demonstrate solvency or justify the exercise of the court's discretion to refuse or postpone liquidation. The extended period of default and lack of liquid assets indicate both commercial and factual insolvency. The applicant, as a creditor with an unpaid debt, is entitled, ex debito justitiae, to a final winding-up order.

Source excerpt

  • Winding Up Of Close Corporation
  • Commercial Insolvency
  • Creditor Entitlement
  • Judicial Discretion In Liquidation
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Civil Procedure [2013] ZAWCHC 213

Van Der Merwe v Duraline (Proprietary) Limited (7344/2013)

Van Der Merwe v Duraline (Proprietary) Limited (7344/2013) [2013] ZAWCHC 213 (23 August 2013)

Court
Western Cape High Court, Cape Town
Case number
7344/2013
Judge
Gamble

The Court held that, despite the repeal of the Companies Act 61 of 1973, its Chapter 14 continues to govern the winding-up of insolvent companies under the transitional provisions of the Companies Act 71 of 2008. This preserves the dual jurisdiction regime, allowing creditors to approach either the court where the registered office or the principal place of business is located. The Court rejected the restrictive interpretation in Sibakhulu Construction v Wedgewood Village Golf Country Estate (Pty) Ltd, finding that the New Act's definition of 'Court' applies only to business rescue proceeding…

Source excerpt

  • Company Liquidation
  • Jurisdiction Of High Court
  • Transitional Provisions Companies Act
  • Registered Office Vs Principal Place
  • Creditor Entitlement
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Commercial And Corporate [2013] ZAWCHC 65

Retmil Financial Services (Pty) Ltd v Sanlam Life Insurance Comapany Ltd and Others (18779/12)

Retmil Financial Services (Pty) Ltd v Sanlam Life Insurance Comapany Ltd and Others (18779/12) [2013] ZAWCHC 65; [2013] 3 All SA 337 (WCC) (30 April 2013)

Court
Western Cape High Court, Cape Town
Case number
18779/12
Judge
D M Davis

The court held that Retmil, as cessionary, was entitled to receive payment of the policy proceeds but not to appropriate them to discharge the loan prematurely in the absence of default by the debtor. Retmil was not authorised, either expressly or tacitly, to settle the loan immediately upon the death of the cedent, nor to accept a reduced payment from Sanlam without proper regard for the interests of the estate. The executor, by virtue of the reversionary interest in the policy, was entitled and obliged to challenge the reduced payment and engage with Sanlam to protect the estate's interests…

Source excerpt

  • Cession In Securitatem Debiti
  • Life Policy Security
  • Executor Rights
  • Creditor Entitlement
  • Compromise Of Claim
  • Trust And Accountability
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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.