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South Africa decisions
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Lipton N.O and Others v Activate Telecoms (Pty) Ltd (2022/018723) [2024] ZAGPJHC 845 (29 August 2024)
The High Court dismissed an opposed winding-up application, finding the alleged debt was bona fide disputed and the oppression claim was not proved.
Lipton and Others v Activate Telecoms (Pty) Ltd (2022/018723) [2024] ZAGPJHC 853 (29 August 2024)
The applicants failed to establish on a balance of probabilities that the respondent is indebted to them and unable to pay its debts. The alleged loan is disputed on reasonable grounds, including prescription and lack of mora, and the evidence does not support the existence of a recoverable debt. The court found that liquidation proceedings are not appropriate for debt recovery where a bona fide dispute exists. Regarding oppression, the court held that Lipton's continued access to the respondent's bank account and knowledge of its transactions undermines the claim of being locked out or stone…
Source excerpt
Paradise Creek Investments 34 (Pty) Limited v Zeelie N.O (A80/2022) [2024] ZAMPMBHC 23 (14 March 2024)
The High Court dismissed an appeal against a final winding-up order, holding that the creditor’s claim was not bona fide disputed and the enquiry was justified.
Voltex (Pty) Limited t/a Atlas Group v Resilient Rock (Pty) Ltd (A5058/2022) [2023] ZAGPJHC 675 (8 June 2023)
The Full Court upheld an appeal against dismissal of a liquidation application and ordered the respondent's final winding up, despite a later provisional order by another creditor.
ABSA Bank Limited v Lucent Properties 18 CC (13088/2017) [2022] ZAGPJHC 685 (13 September 2022)
The High Court granted ABSA Bank a final winding-up order against Lucent Properties 18 CC after holding that the debt was admitted and enforceable.
Lichtenburg Graan Trustrees (Edms) Bpk v PJ & ILM Boerdery (Edms) Beperk (75/04) [2004] ZANWHC 25 (15 October 2004)
Opposed provisional winding-up application postponed for oral evidence because the contract and alleged debt were disputed on the papers.
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