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South Africa Case Law

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Commercial And Corporate [2019] ZASCA 152

Murray and Others NNO v African Global Holdings (Pty) Ltd and Others (306/2019)

Murray and Others NNO v African Global Holdings (Pty) Ltd and Others (306/2019) [2019] ZASCA 152; [2020] 1 All SA 64 (SCA); 2020 (2) SA 93 (SCA) (22 November 2019)

Court
Supreme Court of Appeal
Case number
306/2019
Judges
Wallis, Mokgohloa, Plasket, Nicholls, Gorven

The Supreme Court of Appeal found that the companies in question were commercially insolvent at the time the resolutions for voluntary winding-up were passed. The evidence showed that the withdrawal of banking facilities rendered the companies unable to pay their debts and continue trading, satisfying the test for commercial insolvency. Consequently, the winding-up was valid under the Companies Act 61 of 1973, not the 2008 Act. The appointment of the liquidators by the Master in Pretoria was valid, as the Master at the main seat has jurisdiction throughout Gauteng, including Johannesburg. The…

Source excerpt

  • Voluntary Winding Up
  • Commercial Insolvency
  • Appointment Of Liquidators
  • Personal Costs Orders
  • Jurisdiction Of Master
  • Creditors Voluntary Winding Up
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Commercial And Corporate [2014] ZASCA 32

Gainsford N.O. and Others v Tanzer Transport (Pty) Ltd, In Re; Gainsford N.O. and Others v Tanzer Transport (Pty) Limited and Others (076/2013)

Gainsford N.O. and Others v Tanzer Transport (Pty) Ltd, In Re; Gainsford N.O. and Others v Tanzer Transport (Pty) Limited and Others (076/2013) [2014] ZASCA 32; 2014 (3) SA 468 (SCA); [2014] 3 All SA 21 (SCA) (28 March 2014)

Court
Supreme Court of Appeal
Case number
076/2013
Judges
Navsa, Mhlantla, Leach, Theron, Swain

The Supreme Court of Appeal held that the liquidators were entitled to institute proceedings in their own names or in the name of the company in liquidation, as their actions were always in their representative capacity and for the benefit of creditors. The resolution passed by creditors authorising the liquidators to recover outstanding debts was sufficiently broad to encompass proceedings to recover voidable dispositions. The payments made by the company to Tanzer after the commencement of winding-up were void under s 341(2) of the Companies Act 61 of 1973, and Tanzer was ordered to repay t…

Source excerpt

  • Winding Up Of Companies
  • Liquidator Locus Standi
  • Voidable Dispositions
  • Creditors Voluntary Winding Up
  • Authority Of Liquidators
  • Concursus Creditorum
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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.