South Africa Case Law

Cronje NO v B and S Material Handling (Pty) Ltd and Others, Standard Bank of South Africa v B and S Material Handling Proprietary Limited and Others (84122/2017, 57449/18)

Cronje NO v B and S Material Handling (Pty) Ltd and Others, Standard Bank of South Africa v B and S Material Handling Proprietary Limited and Others (84122/2017, 57449/18) [2019] ZAGPPHC 246 (25 June 2019)

Court

North Gauteng High Court, Pretoria

Case number

84122/2017, 57449/18

Judge

C E Thompson

The High Court set aside a company’s business rescue resolution and granted final winding up on Standard Bank’s application, finding no realistic rescue prospect.

• Business Rescue
• Company Liquidation
• Procedural Compliance
• Creditor Rights
• Employee Notification
• Business-rescue

Pilot Freight (Pty) Ltd v Von Landsberg Trading (Pty) Ltd (13/25839)

Pilot Freight (Pty) Ltd v Von Landsberg Trading (Pty) Ltd (13/25839) [2014] ZAGPJHC 203; 2015 (2) SA 550 (GJ) (25 July 2014)

Court

South Gauteng High Court, Johannesburg

Case number

13/25839

Judge

Kairinos AJ

The application for the winding up of the respondent failed due to the applicant's non-compliance with section 346(4A)(b) of the Companies Act, 1973, as no proper affidavit was filed by the person who furnished the application to the employees. Even if this non-compliance were not fatal, the application would fail on the merits because the respondent bona fide disputed the alleged indebtedness on reasonable grounds, including claims of overpayment, excessive interest, and lack of authority for the alleged settlement agreement. The respondent also raised an illiquid counterclaim, which, althou…

Source excerpt

• Winding Up Of Companies
• Statutory Service Requirements
• Bona Fide Dispute Of Debt
• Illiquid Counterclaim
• Employee Notification
• Abuse Of Process

Gungudoo and Another v Hannover Reinsurance Group Africa (Pty) Ltd and Another (585/11)

Gungudoo and Another v Hannover Reinsurance Group Africa (Pty) Ltd and Another (585/11) [2012] ZASCA 83; [2012] 3 All SA 609 (SCA); 2012 (6) SA 537 (SCA) (30 May 2012)

Court

Supreme Court of Appeal

Case number

585/11

Judges

Mthiyane DP, Nugent JA, Cachalia JA, Mhlantla JA, Ndita AJA

The Supreme Court of Appeal dismissed an appeal against final sequestration, finding the debtors’ defences not bona fide and employee notice unnecessary for non-business employees.

• Sequestration
• Insolvency Act
• Employee Notification
• Liquidated Claim
• Fraudulent Misappropriation
• Insolvency-act