F&I Services (Pty) Ltd v Fumiel Transport and Projects (M113/2022)
F&I Services (Pty) Ltd v Fumiel Transport and Projects (M113/2022) [2024] ZANWHC 244 (13 September 2024)
The court found that the Applicant had established the Respondent's indebtedness for both scholar and private hire transport services, and the Respondent failed to rebut this on bona fide and reasonable grounds. The Respondent's defence that payment was contingent on receipt from NTI was not supported by evidence, and the Respondent did not dispute the computation of amounts claimed or address the private hire invoices. The section 345 demand was valid, and the Respondent neglected to pay or provide security for more than three weeks. Points in limine raised by the Respondent, including lis a…
Source excerpt
- Winding Up Of Company
- Commercial Insolvency
- Creditor S Rights
- Defective Demand
- Lis Alibi Pendens
- Locus Standi