South Africa Case Law

Jooste v iGrow Real Estate (Pty) Ltd (16801/2024)

Jooste v iGrow Real Estate (Pty) Ltd (16801/2024) [2024] ZAWCHC 360 (11 November 2024)

Court

Western Cape High Court, Cape Town

Case number

16801/2024

Judge

J Cloete

The court found that the respondent had established a bona fide and reasonable defence to the applicant's claim, namely that a set-off agreement existed whereby the applicant's commission claims were extinguished by losses incurred in property developments managed by her spouse. The applicant and her spouse's belated denial of the oral agreement was found to lack credibility, given their prior conduct and correspondence. The applicant's reliance on statutory provisions such as s 23(2) of the Insolvency Act, s 34(1) of the Basic Conditions of Employment Act, and s 15(3)(b) of the Matrimonial P…

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• Provisional Winding Up
• Creditor Standing
• Set Off
• Commission Claims
• Abuse Of Process

Anthill Development (Pty) Ltd v Redant Developments (Pty) Ltd and Another (3834/2023)

Anthill Development (Pty) Ltd v Redant Developments (Pty) Ltd and Another (3834/2023) [2024] ZAFSHC 240 (12 August 2024)

Court

Free State High Court, Bloemfontein

Case number

3834/2023

Judge

Reinders

The High Court granted final liquidation of Redant Developments after finding Anthill proved a debt, no bona fide dispute, and commercial insolvency.

• Company Liquidation
• Creditor Standing
• Commercial Insolvency
• Factual Insolvency
• Shareholder Disputes
• Company-liquidation

Kliprivier Gedeelte 8 (Pty) Ltd v Bees Winkel (Pty) Ltd (5270/2023)

Kliprivier Gedeelte 8 (Pty) Ltd v Bees Winkel (Pty) Ltd (5270/2023) [2024] ZAFSHC 202 (4 July 2024)

Court

Free State High Court, Bloemfontein

Case number

5270/2023

Judge

MB Nemavhidi

The court found that the respondent's indebtedness to the applicant was disputed on bona fide and reasonable grounds. The sale agreement for the shares was not approved by special resolution of all shareholders, failed to comply with the liquidity test, and lacked an independent report as required by the Companies Act and the MOI. The respondent's opposition was adequately substantiated, and the applicant failed to establish a clear and enforceable claim. Consequently, the requirements for a provisional winding-up order were not met.

Source excerpt

• Company Winding Up
• Creditor Standing
• Share Buyback
• Memorandum Of Incorporation
• Liquidity Test

Anbil Building Projects (Pty) Ltd v Bruyncon Consulting and Construction (Pty) Ltd (2434 / 2022)

Anbil Building Projects (Pty) Ltd v Bruyncon Consulting and Construction (Pty) Ltd (2434 / 2022) [2023] ZANCHC 75 (3 November 2023)

Court

Northern Cape High Court, Kimberley

Case number

2434 / 2022

Judge

Stanton

The court found that the second agreement between the parties was not a sale of immovable property but an agreement to reserve an erf and set off lease fees against the purchase price. As such, it did not require compliance with section 2(1) of the Alienation of Land Act. The respondent established, on a balance of probabilities, that the second agreement had not lapsed and that the parties had not reverted to the first agreement's payment terms. The respondent raised a genuine and bona fide dispute on reasonable and substantial grounds regarding the debt's existence and enforceability. Conse…

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• Provisional Liquidation
• Bona Fide Dispute
• Alienation Of Land Act
• Verbal Agreements
• Creditor Standing

Naude and Another v Louis Pasteur Medical Investments (Pty) Ltd and Others (31/2021)

Naude and Another v Louis Pasteur Medical Investments (Pty) Ltd and Others (31/2021) [2022] ZASCA 139 (24 October 2022)

Court

Supreme Court of Appeal

Case number

31/2021

Judges

Zondi, Molemela, Hughes, Goosen, Siwendu

The Supreme Court of Appeal held that a business rescue appeal was moot after settlement between the main parties, struck Lenmed’s intervention from the roll, and awarded punitive costs.

• Business Rescue
• Creditor Standing
• Intervention Application
• Mootness
• Costs Order
• Business-rescue

Dalmar Konstruksie (Pty) Ltd and Another v Mikaia Boerdery (Pty) Ltd and Another (14801/2020)

Dalmar Konstruksie (Pty) Ltd and Another v Mikaia Boerdery (Pty) Ltd and Another (14801/2020) [2022] ZAGPPHC 806 (7 October 2022)

Court

North Gauteng High Court, Pretoria

Case number

14801/2020

Judge

Tlhapi

High Court winding-up case over a failed Mozambique cattle venture, finding no partnership and ordering the respondent company finally wound up.

• Company Liquidation
• Just And Equitable Winding Up
• Deadlock Between Shareholders
• Creditor Standing
• Partnership Essentialia
• Breach Of Trust

Bester N.O. and Others v Quintado 120 (Pty) Ltd (CCT160/21)

Bester N.O. and Others v Quintado 120 (Pty) Ltd (CCT160/21) [2021] ZACC 49; 2022 (11) BCLR 1389 (CC) (13 December 2021)

Court

Constitutional Court

Case number

CCT 160/21

Judges

Madlanga, Madondo, Majiedt, Mhlantla, Pillay, Rogers, Theron, Tlaletsi, Tshiqi

The Constitutional Court held that its jurisdiction was not engaged because the applicants failed to establish a constitutional issue or an arguable point of law of general public importance. The 'directing mind' doctrine is already recognised as flexible and pragmatic in South African law, and the applicants' arguments for further development were unsupported by any infringement of constitutional rights. The matter turned on factual disputes regarding enrichment and creditor standing, which are not suitable for determination by the Constitutional Court. The application for leave to appeal wa…

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• Company Liquidation
• Creditor Standing
• Directing Mind Doctrine
• Enrichment Claims
• Development Of Common Law

New Approach Trading 73 CC v Precision Rigging Pty Ltd (15059/2020)

New Approach Trading 73 CC v Precision Rigging Pty Ltd (15059/2020) [2021] ZAWCHC 29 (19 February 2021)

Court

Western Cape High Court, Cape Town

Case number

15059/2020

Judge

A.G. Binns-Ward

The High Court dismissed a winding-up application after finding the company showed a bona fide and reasonable dispute about the alleged debt.

• Company Liquidation
• Bona Fide Dispute
• Creditor Standing
• Section 345 Companies Act
• Company-liquidation
• Bona-fide-dispute

Commissioner for the South African Revenue Service v Zikhulise Cleaning Maintenance and Transport Service; Mpisane v Zikhulise Cleaning Maintenance and Transport CC and Another (14886/16; 18101/16)

Commissioner for the South African Revenue Service v Zikhulise Cleaning Maintenance and Transport Service; Mpisane v Zikhulise Cleaning Maintenance and Transport CC and Another (14886/16; 18101/16) [2020] ZAGPPHC 561 (14 October 2020)

Court

North Gauteng High Court, Pretoria

Case number

14886/16; 18101/16

Judge

Collis

The High Court confirmed the provisional winding-up of Zikhulise, rejected a section 347(5) objection, granted leave under section 177(3), and ordered costs.

• Tax Debt Liquidation
• Business Rescue
• Creditor Standing
• Just And Equitable Winding Up
• Statutory Compliance
• Provisional And Final Liquidation

Arqomanzi Proprietary Limited v Vantage Goldfields (Pty) Limited and Others (11/11/2019)

Arqomanzi Proprietary Limited v Vantage Goldfields (Pty) Limited and Others (11/11/2019) [2019] ZAMPMBHC 10; Roelofse AJ (4 December 2019)

Court

Mbombela High Court, Mpumalanga

Case number

3651/2019

Judge

Roelofse AJ

The court held that Arqomanzi was a creditor by valid cession, lifted the moratorium, and ordered consultation and amendment of the Vantage business rescue plans.

• Business Rescue
• Creditor Standing
• Cession Of Loan Account
• Business Rescue Plan Amendment
• Interdict
• Costs Order