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South Africa decisions
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Firstrand Bank Limited v Optical Mediaworx Logistics (Pty) Ltd and Another (2024/003809; 2024/024772) [2025] ZAGPJHC 238 (5 March 2025)
The High Court struck a business rescue application from the roll for defective service and granted final winding-up of the company.
Pienaar N.O v Nano Inks KZN (Pty) Ltd and Others (4052/24P) [2025] ZAKZPHC 20 (4 March 2025)
Polymeric Africa (Pty) Ltd failed to establish that it was absent from the proceedings due to lack of notice, as it received notice of the provisional winding up application but elected not to participate. The requirements of rule 42(1)(a) were therefore not met, and even if they were, the court exercised its discretion to refuse rescission as it would have no practical effect and merely delay the inevitable final winding up of Nano Inks KZN (Pty) Ltd, which is both factually and commercially insolvent. Polymeric also failed to provide sufficient proof of creditor status for locus standi unde…
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Firstrand Bank Limited v Keliana Group Pty Ltd (Leave to Appeal) (5098/2022) [2025] ZAGPJHC 161 (21 February 2025)
The High Court dismissed leave to appeal against a final winding-up order, finding no reasonable prospects of success and affirming the intervening party lacked standing for the company.
Nedbank Limited v Tala Light Weight Construction (Pty) Ltd (2024/004680) [2025] ZAGPJHC 52 (31 January 2025)
The High Court granted Nedbank a final winding-up order against Tala Light Weight Construction, finding the company commercially insolvent and unable to pay its debts.
Standard Bank of South Africa Limited v Khewija Engineering and Construction (Pty) Limited (2022/16061) [2025] ZAGPJHC 5 (10 January 2025)
The court held that it does not have the power to grant a final liquidation order in circumstances where a provisional winding-up order has already been granted in another division of the High Court. Section 347(5) of the Companies Act expressly prohibits the granting of a final winding-up order where a company is already being wound up by order of court within the Republic. The existence of the provisional order in the Middelburg High Court means the respondent company is already being wound up, and the present application cannot proceed to final order unless the provisional order is dischar…
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Lyconet Austria GmbH v Weiglhofer and Others (82122/2023) [2024] ZAGPJHC 980 (27 September 2024)
The High Court refused leave to appeal against a final winding-up order, holding that Lyconet Austria failed to show a reasonable prospect of success.
Fleming and Another v PSV Holdings Ltd and Others (16217/2022) [2024] ZAGPJHC 170 (22 February 2024)
The High Court terminated PSV Holdings’ business rescue and placed it into final winding-up after finding DNG’s recapitalisation proposal was not bona fide.
Lion of Africa Life Assurance Co Ltd v NeFG Fund Management (Pty) Ltd and Others (5540/2022) [2023] ZAGPJHC 550 (23 May 2023)
The court confirmed a provisional winding-up order, placing the first respondent in final liquidation and awarding costs against intervening respondents for their conduct.
ABSA Bank Limited v Longchamp Turf Investments (PTY) Ltd and Others (7753/2015) [2022] ZAGPJHC 784 (11 October 2022)
The High Court refused leave to appeal against a final winding-up order, finding ABSA had established the term loan and overdraft claims and that no appealable prospect existed.
ABSA Bank Limited v Lucent Properties 18 CC (13088/2017) [2022] ZAGPJHC 685 (13 September 2022)
The High Court granted ABSA Bank a final winding-up order against Lucent Properties 18 CC after holding that the debt was admitted and enforceable.
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