South Africa Case Law

Keevy N.O. and Another v Lubbe Construction (Pty) Ltd (4784/2020)

Keevy N.O. and Another v Lubbe Construction (Pty) Ltd (4784/2020) [2021] ZAGPJHC 524 (12 March 2021)

Court

South Gauteng High Court, Johannesburg

Case number

4784/2020

Judge

MJ Engelbrecht

The court found that the applicants failed to satisfy the requirements for a winding up order under section 344(f) and 345(1)(b) of the 1973 Companies Act, as the sheriff's returns were limited to movable property and did not establish that Lubbe Construction lacked disposable property, including unencumbered immovable assets. The evidence showed that Lubbe Construction owned multiple properties, some of which were unbonded, and thus the company could not be deemed unable to pay its debts solely on the basis of the returns. The alternative ground under section 81(1)(c)(ii) of the 2008 Compani…

Source excerpt

• Winding Up Of Company
• Commercial Insolvency
• Disposable Property
• Creditor Enforcement
• Just And Equitable Winding Up

Absa Bank Limited v Collier (A 314/2014)

Absa Bank Limited v Collier (A 314/2014) [2015] ZAWCHC 26; 2015 (4) SA 364 (WCC) (12 March 2015)

Court

Western Cape High Court, Cape Town

Case number

A 314/2014

Judges

K M Savage, A H Veldhuizen, P A L Gamble

The High Court held that first-mortgage immovable property may be disposable property under section 8(b) of the Insolvency Act, and dismissed the appeal.

• Sequestration
• Act Of Insolvency
• Disposable Property
• Mortgage Bond
• Rule 46 Execution
• Burden Of Proof