South Africa Case Law

Taljaard and Another v Botha N.O and Others (1094/2022)

Taljaard and Another v Botha N.O and Others (1094/2022) [2023] ZANCHC 54 (25 August 2023)

Court

Northern Cape High Court, Kimberley

Case number

1094/2022

Judges

Phatshoane DJP, Williams, Stanton

The court found that the appeal was moot because the creditors, at properly convened meetings, had validly passed resolutions extending the powers of the liquidators and trustees, rendering the declaratory order of 13 December 2022 of no practical effect. Statutory requirements for notice and publication were met, and there was no legal obligation to notify interested parties by email. The extension of powers was not the subject of the appeal to the Supreme Court of Appeal, and thus the jurisdiction of the court under section 18(4) of the Superior Courts Act was not engaged. Even if the decla…

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• Liquidation Proceedings
• Powers Of Liquidators
• Business Rescue
• Suspension Of Orders Pending Appeal
• Creditors Meetings
• Exceptional Circumstances Under Superior Courts Act

Prinsloo v The Master of the High Court and Others (28039/2017)

Prinsloo v The Master of the High Court and Others (28039/2017) [2021] ZAGPJHC 594 (3 November 2021)

Court

South Gauteng High Court, Johannesburg

Case number

28039/2017

Judge

E F Dippenaar

The court found that the liquidators failed to act independently and impartially, adopted a biased approach favouring the fifth respondent, and did not properly investigate the claims and assets of PMC Waterproofing and Roofing CC. The cumulative effect of their conduct, measured against their fiduciary obligations, justified their removal. The Master's decision to admit the claim of Stand 244 Hughes Ext 29 CC was set aside due to insufficient supporting documentation and lack of proper investigation, while the rejection of the applicant's claims was upheld as the claim forms were incomplete…

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• Removal Of Liquidators
• Promotion Of Administrative Justice Act
• Creditors Meetings
• Fiduciary Duties
• Review Of Master Decisions
• Company Winding Up

Baba and Another v Van Rensburg N.O and Others (2594/2021)

Baba and Another v Van Rensburg N.O and Others (2594/2021) [2021] ZAWCHC 85 (24 March 2021)

Court

Western Cape High Court, Cape Town

Case number

2594/2021

Judge

Kusevitsky

The court dismissed an urgent application seeking to restrain business rescue practitioners from implementing transfer steps under an approved business rescue plan.

• Business Rescue
• Interim Interdict
• Creditors Meetings
• Companies Act Section 151
• Urgent Application
• Abuse Of Process

Standard Bank of South Africa Ltd v Master of the High Court and Others (112/97)

Standard Bank of South Africa Ltd v Master of the High Court and Others (112/97) [1998] ZASCA 108; ; [1999] 1 All SA 299 (A) (27 November 1998)

Court

Supreme Court of Appeal

Case number

112/97

Judges

Hefer, Nienaber, Zulman, Plewman, Streicher

The Supreme Court of Appeal held that section 415(1) of the Companies Act does not impose a time constraint on the Master's power to conduct an enquiry at meetings of creditors. The phrase 'a company which is being wound up and is unable to pay its debts' serves to identify the type of company subject to the section, not to prescribe when the enquiry must occur. The winding-up process is not complete upon the distribution of assets by the liquidator, as further assets may be discovered and supplementary accounts lodged. Formal completion only occurs when the Master issues a certificate under…

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• Winding Up Of Companies
• Powers Of Master
• Liquidation And Distribution Account
• Creditors Meetings
• Statutory Interrogation