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South Africa decisions
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Rogal Holdings (Pty) Ltd and Others v Naidoo and Others (2023/066197) [2025] ZAGPPHC 695 (7 July 2025)
The High Court dismissed leave to appeal, holding there were no reasonable prospects of success on condonation, FRB’s interest, executory sale issues, or discretion arguments.
Sumeil (Pty) Ltd v Coogal Finance (Pty) Ltd (In Liquidation) and Others (1140/2023) [2025] ZASCA 27 (28 March 2025)
The Supreme Court of Appeal held that set-off could only operate in respect of mutual debts that existed and were due at the deemed date of liquidation. Sumeil admitted owing Coogal R185 000 on that date, but the evidence showed Coogal owed Sumeil a greater amount, resulting in set-off extinguishing Sumeil's liability for that sum. The balloon payments under the master rental agreements were not yet due at the deemed date of liquidation and thus could not be set off. Furthermore, Coogal and its liquidator failed to make out a case for payment of the balloon amounts, as they did not tender rec…
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Muller N.O and Another v Cultigrain (Pty) Ltd (1916/2023) [2025] ZAWCHC 115 (17 March 2025)
High Court ruling on void dispositions under section 341(2) of the Companies Act, distinguishing payments for pre- and post-concursus deliveries.
Western Province Rugby Football Union v Western Province Rugby (Pty) Ltd; Ex Parte Van Zyl NO and Another (21739/2016; 22169/2016; 22594/2016) [2016] ZAWCHC 194 (20 December 2016)
The High Court granted final liquidation of Western Province Rugby (Pty) Ltd, rejected abuse-of-process objections, and authorised liquidators' additional powers.
De Jager N.O and Another v Armaments Corporation of South Africa Limited t/a ARMSCOR (3113/2013) [2015] ZAECGHC 83 (1 September 2015)
The High Court granted liquidators payment for partially completed work and spares, and held Armscor could not withhold 10% for BEE non-compliance.
Affinity Logic (Pty) Ltd and Others v Fourie NO and Others (26609/2003) [2005] ZAGPHC 261 (2 June 2005)
The court held that clause 20 of the agreement does not constitute an enforceable pre-estimate of damages nor a penalty clause under the Conventional Penalties Act. The clause merely accelerates payment of service fees upon certain events, but does not extinguish the reciprocal obligations under the executory contract. Upon liquidation and repudiation by the liquidators, the plaintiff cannot enforce accelerated payment of future instalments, but is limited to a concurrent claim for damages proven in the ordinary manner. The clause's attempt to bind liquidators and circumvent the concursus cre…
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Du Plessis NO and Another v Rolfes Ltd. (500/94) [1996] ZASCA 45; 1997 (2) SA 354 (SCA); [1996] 2 All SA 390 (A); (29 March 1996)
The Supreme Court of Appeal held that liquidators had not elected to continue with nominated sub-contracts, and the subcontractor’s claim was not a cost of administration.
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