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South Africa decisions
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Botha N.O and Others v Van Der Merwe N.O and Another (056043/2023) [2025] ZAGPPHC 413 (17 April 2025)
Liquidators obtained an interim interdict stopping further alienation of an aircraft pending action to set aside its sale, with costs awarded to the applicants.
Dorfling N.O and Another v Engelbrecht N.O and Others (Leave to Appeal) (004697/2024) [2025] ZAGPPHC 127 (12 February 2025)
Leave to appeal was refused because section 17(1) of the Superior Courts Act was not met. The court held it had properly exercised its discretion in the earlier dismissal.
Barnard N.O and Another v National Credit Regulator and Another (A351/2019) [2020] ZAGPPHC 798 (22 December 2020)
The court held that the appellants, as liquidators of CMR Group (Pty) Ltd, were aware of the Tribunal hearing but chose not to participate. The Tribunal proceeded in their absence and granted orders based on the Regulator's submissions and CMR's prior concessions. The court found that the appellants could not raise new legal points on appeal that were not canvassed before the Tribunal, as the statutory framework of the National Credit Act requires participation in the Tribunal hearing as a jurisdictional prerequisite for appeal. The appropriate remedy for parties absent from the Tribunal hear…
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Van Zyl v Master of the High Court, Western Cape Division, Cape Town and Another (16839/2018) [2020] ZAWCHC 30 (30 April 2020)
The High Court reviewed and set aside a Deputy Master’s findings of misconduct against a liquidator, holding they were legally flawed and unsupported.
Gore NO and Others v Basson NO and Others (13249/12) [2012] ZAWCHC 331 (15 October 2012)
The court found that the application complied with section 382(1) of the Companies Act, as the subsequent confirmatory affidavit by the second applicant amounted to ratification of the act of launching the application. The powers sought by the provisional liquidators were considered, and the court authorised the applicants to borrow up to R750,000 for specific expenses, finding that the higher amount requested was not justified by the evidence. The court authorised the applicants to bring or defend legal proceedings and to continue any part of the business necessary for winding-up, but reserv…
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Hillcrest Village (Pty) Ltd and Another v Waterkloofspruitprojects (Pty) Ltd and Others (4741/2006) [2008] ZAGPHC 133 (29 April 2008)
The court found that both applicants, as sureties and cessionaries, have a sufficient legal interest to seek relief under section 420 of the Companies Act. The applicants established a prima facie case of irregularity, mala fides, and possible fraud in the liquidation process, including the sale of assets at nominal value without proper advertisement and the failure of liquidators to act in the best interests of creditors. The court held that denying the applicants standing would be inconsistent with section 34 of the Constitution, especially where the liquidators themselves are implicated in…
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