South Africa Case Law

Pienaar N.O v Nano Inks KZN (Pty) Ltd and Others (4052/24P)

Pienaar N.O v Nano Inks KZN (Pty) Ltd and Others (4052/24P) [2025] ZAKZPHC 20 (4 March 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

4052/24P

Judge

Nicholson AJ

Polymeric Africa (Pty) Ltd failed to establish that it was absent from the proceedings due to lack of notice, as it received notice of the provisional winding up application but elected not to participate. The requirements of rule 42(1)(a) were therefore not met, and even if they were, the court exercised its discretion to refuse rescission as it would have no practical effect and merely delay the inevitable final winding up of Nano Inks KZN (Pty) Ltd, which is both factually and commercially insolvent. Polymeric also failed to provide sufficient proof of creditor status for locus standi unde…

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• Business Rescue
• Final Winding Up
• Rescission Of Order
• Creditor Locus Standi
• Urgent Application

Oudtshoorn v Saltus Holdings Africa (Pty) Ltd t/a Carbon Fibre Designs (27959/2022)

Oudtshoorn v Saltus Holdings Africa (Pty) Ltd t/a Carbon Fibre Designs (27959/2022) [2024] ZAGPPHC 1008 (25 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

27959/2022

Judge

Retief

The High Court granted provisional liquidation, finding the applicant was a creditor and that the respondent failed to show a bona fide dispute or commercial solvency.

• Provisional Liquidation
• Creditor Locus Standi
• Company Debt
• Interpretation Of Contracts
• Commercial Insolvency
• Provisional-liquidation

Stark Vieh (Pty) Ltd v Peter Carroll CC (UM 212/2022)

Stark Vieh (Pty) Ltd v Peter Carroll CC (UM 212/2022) [2023] ZANWHC 96 (15 June 2023)

Court

North West High Court, Mafikeng

Case number

UM 212/2022

Judge

Reddy

The applicant established locus standi as a creditor and proved the respondent's indebtedness, both by documentary evidence and the respondent's own admissions. The respondent failed to pay management fees and could not account for 7510 head of cattle, amounting to over R122 million. The respondent's attempts to dispute the debt were not bona fide or reasonable, and its counterclaim was unsubstantiated. The respondent's filing of security did not discharge its debt nor address the insolvency. The court found that all jurisdictional requirements for final liquidation under section 345(1)(a) of…

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• Final Liquidation
• Commercial Insolvency
• Creditor Locus Standi
• Just And Equitable Winding Up
• Bona Fide Dispute
• Management Fees

Kellerman and Others v Bester N.O and Others (5167/2022)

Kellerman and Others v Bester N.O and Others (5167/2022) [2023] ZAWCHC 29 (17 February 2023)

Court

Western Cape High Court, Cape Town

Case number

5167/2022

Judge

Wille

The High Court dismissed an application to remove insolvent estate trustees, finding no misconduct and holding that the first applicant lacked locus standi.

• Removal Of Trustees
• Insolvency Proceedings
• Creditor Locus Standi
• Misconduct Of Trustees
• Sequestration
• Liquidation Of Company

Kipp Consulting Engineers (PTY) Ltd v OLT Engineers and Project Managers (PTY) Ltd (56323/2021; 57319/2021)

Kipp Consulting Engineers (PTY) Ltd v OLT Engineers and Project Managers (PTY) Ltd (56323/2021; 57319/2021) [2022] ZAGPJHC 953 (7 November 2022)

Court

South Gauteng High Court, Johannesburg

Case number

56323/2021; 57319/2021

Judge

Strijdom

The High Court granted provisional liquidation against OLT Engineers & Project Managers after finding the applicant had established creditor status and insolvency.

• Winding Up Of Company
• Commercial Insolvency
• Contingent Liability
• Creditor Locus Standi
• Fraudulent Conduct
• Money Laundering

Marshall Restaurant (PTY) Ltd v F C Mapungubwe (PTY) Ltd (2021/42791)

Marshall Restaurant (PTY) Ltd v F C Mapungubwe (PTY) Ltd (2021/42791) [2022] ZAGPJHC 426 (20 June 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2021/42791

Judge

Maier-Frawley

The High Court granted final winding-up of F C Mapungubwe (Pty) Ltd, finding Marshall Restaurant’s claim was due, payable, and not bona fide disputed.

• Winding Up Of Company
• Commercial Insolvency
• Statutory Demand
• Creditor Locus Standi
• Abuse Of Process
• Winding-up-of-company

Rogal Holdings (Pty) Ltd and Another v Victor Turnkey Projects (Pty) Ltd and Others (53473/2021)

Rogal Holdings (Pty) Ltd and Another v Victor Turnkey Projects (Pty) Ltd and Others (53473/2021) [2022] ZAGPPHC 167 (28 March 2022)

Court

North Gauteng High Court, Pretoria

Case number

53473/2021

Judge

E van der Schyff

The court found that the applicant is a creditor and thus an affected person under the Companies Act, entitled to seek the setting aside of the business rescue resolution. The applicant's claim, though unliquidated, arises from a breach of contract and is supported by a complete cause of action. The respondents' denials were bare and unsupported by evidence, failing to create a genuine dispute of fact. The business rescue plan was finally rejected at the creditors' meeting on 3 December 2021, and no steps were taken by the practitioner or affected parties to prepare a revised plan or challeng…

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• Business Rescue
• Winding Up
• Creditor Locus Standi
• Contractual Breach
• Liquidated And Unliquidated Claims

Absa Bank Ltd v Trotskie NO and Others (1940/2018)

Absa Bank Ltd v Trotskie NO and Others (1940/2018) [2018] ZAFSHC 183 (29 November 2018)

Court

Free State High Court, Bloemfontein

Case number

1940/2018

Judge

Daffue

The court found that Absa Bank Ltd had established, on a prima facie basis, its locus standi as a creditor of the Boet Troskie Kinders Trust through perfected notarial bonds and cession of loan accounts. The Trust was found to be factually insolvent or, at minimum, insolvent by inference, having failed to pay admitted debts and disposed of assets to the prejudice of creditors, notably by selling properties and paying proceeds to Standard Bank. The Trust's opposition was evasive and lacked bona fides, with insufficient disclosure of assets and liabilities. The court held that sequestration wou…

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• Provisional Sequestration
• Creditor Locus Standi
• Acts Of Insolvency
• Advantage To Creditors
• Notarial Bond Perfection
• Discretion In Sequestration

Fitzgerald v Filter Focus (SA) (Pty) Ltd; Fitzgerald v Integrated Fluid Technologies (Pty) Ltd (26849/17; 26850/17)

Fitzgerald v Filter Focus (SA) (Pty) Ltd; Fitzgerald v Integrated Fluid Technologies (Pty) Ltd (26849/17; 26850/17) [2018] ZAGPJHC 687 (26 November 2018)

Court

South Gauteng High Court, Johannesburg

Case number

26849/17; 26850/17

Judge

R M Keightley

The court found that the respondents failed to establish a bona fide and reasonable dispute of the debt owed to the applicant. The alleged 'understanding' regarding repayment was vague, unsupported by confirmatory affidavits, and lacked sufficient particularity to constitute a valid defence. The supplementary affidavit introducing new repayment conditions was deemed an afterthought, undermining the credibility of the defence. The counterclaim by Filter Focus regarding the vehicle did not constitute a valid monetary set-off, as the asset remained company property and no unlawful transfer or sa…

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• Winding Up Of Company
• Creditor Locus Standi
• Bona Fide Dispute Of Debt
• Counterclaim Set Off
• Statutory Demand
• Company Liquidation

Body Corporate Elma Park v Erf 195 Elma Park Ltd (22421/2013)

Body Corporate Elma Park v Erf 195 Elma Park Ltd (22421/2013) [2016] ZAGPPHC 873 (22 September 2016)

Court

North Gauteng High Court, Pretoria

Case number

22421/2013

Judge

N Davis

The applicant has prima facie established its locus standi as a creditor, and the respondent's liability for arrear levies is not bona fide disputed on reasonable grounds. The respondent has failed to take steps to amend the management rules or participation quotas and has not provided evidence of payment or a valid calculation disputing the debt. The respondent's financial statements show solvency on paper but reveal commercial insolvency due to inability to pay debts from its own income, relying instead on loans from group companies. The respondent's defences regarding the levy structure an…

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• Winding Up Of Company
• Commercial Insolvency
• Sectional Title Scheme
• Creditor Locus Standi
• Levy Disputes