South Africa Case Law

Ameropa Commodities (Pty) Ltd v Salvage and Stockfeed Parcels CC (7882/2016)

Ameropa Commodities (Pty) Ltd v Salvage and Stockfeed Parcels CC (7882/2016) [2017] ZAKZDHC 23 (15 June 2017)

Court

Kwazulu-Natal High Court, Durban

Case number

7882/2016

Judge

Madondo DJP

The applicant established, on a prima facie basis, that it is a creditor of the respondent for an amount exceeding R100, supported by the certificate of balance signed by the respondent's sole member and corroborated by monthly statements and correspondence. The respondent's alleged dispute of the debt is not bona fide nor based on reasonable grounds; its explanations are improbable and unsupported by the evidence. The respondent admitted liability and inability to pay in correspondence and settlement negotiations. The applicant complied with statutory service requirements under s 346(4A) of…

Source excerpt

• Provisional Liquidation
• Commercial Insolvency
• Certificate Of Balance
• Arbitration Clause
• Compliance With Statutory Requirements
• Dispute Of Debt

Lichtenburg Graan Trustrees (Edms) Bpk v PJ & ILM Boerdery (Edms) Beperk (75/04)

Lichtenburg Graan Trustrees (Edms) Bpk v PJ & ILM Boerdery (Edms) Beperk (75/04) [2004] ZANWHC 25 (15 October 2004)

Court

North West High Court, Mafikeng

Case number

75/04

Judge

Mokgoatlheng

Opposed provisional winding-up application postponed for oral evidence because the contract and alleged debt were disputed on the papers.

• Provisional Winding Up
• Creditor Liquidation
• Contractual Interpretation
• Dispute Of Debt
• Provisional-winding-up
• Dispute-of-debt