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South Africa Case Law

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Civil Procedure [2024] ZANWHC 136

Tariomix (Pty) Ltd t/a Forever Diamonds and Gold v Botes and Others (UM29/2023)

Tariomix (Pty) Ltd t/a Forever Diamonds and Gold v Botes and Others (UM29/2023) [2024] ZANWHC 136 (11 June 2024)

The High Court dismissed Tariomix’s application for leave to appeal against a final winding-up order, finding no reasonable prospects of success.

  • Leave To Appeal Standard
  • Final Winding Up Order
  • Intervention By Creditors
  • Withdrawal Of Application
  • Onus In Liquidation
  • Judicial Discretion
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Commercial And Corporate [2023] ZAGPJHC 1291

Keller Geotechnics SA (Pty) Ltd v Franks Constructions (Pty) Ltd (2022/034570)

Keller Geotechnics SA (Pty) Ltd v Franks Constructions (Pty) Ltd (2022/034570) [2023] ZAGPJHC 1291 (10 November 2023)

The High Court granted final liquidation of the respondent after finding the applicant had proved an admitted debt and inability to pay under section 345(1)(c).

  • Company Liquidation
  • Inability To Pay Debts
  • Companies Act 1973
  • Final Winding Up Order
  • Company-liquidation
  • Inability-to-pay-debts
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Commercial And Corporate [2023] ZAGPPHC 1895

Investec Bank Limited v Big Business Innovations Group (Pty) Ltd (046686/2022)

Investec Bank Limited v Big Business Innovations Group (Pty) Ltd (046686/2022) [2023] ZAGPPHC 1895 (6 November 2023)

The High Court confirmed a provisional winding-up order against BIG, finding Investec proved inability to pay debts and that no bona fide defence was raised.

  • Company Liquidation
  • Unable To Pay Debts
  • Provisional Winding Up
  • Final Winding Up Order
  • Security Cession
  • Forensic Document Examination
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Commercial And Corporate [2018] ZAKZDHC 5

Dacomb v Green Heat (Pty) Ltd (8906/15)

Dacomb v Green Heat (Pty) Ltd (8906/15) [2018] ZAKZDHC 5 (16 March 2018)

The court confirmed a provisional winding-up order, finding that the respondent failed to rebut a proven arrear-salary debt and was deemed unable to pay its debts.

  • Company Liquidation
  • Creditor Claims
  • Insolvency
  • Final Winding Up Order
  • Company-liquidation
  • Creditor-claims
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Commercial And Corporate [2017] ZAGPPHC 72

New African Alliance Investments (Pty) Ltd v Maharaj (81348/2014)

New African Alliance Investments (Pty) Ltd v Maharaj (81348/2014) [2017] ZAGPPHC 72 (21 February 2017)

The High Court refused leave to appeal against a final winding-up order, finding no reasonable prospect of success and no compelling reason to hear the appeal.

  • Final Winding Up Order
  • Deadlock Between Shareholders
  • Leave To Appeal
  • Liquidator Powers
  • Shareholder Disputes
  • Leave-to-appeal
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Commercial And Corporate [2013] ZAGPJHC 408

Absa Bank Limited v Cardio Fitness Properties (2012/2008)

Absa Bank Limited v Cardio Fitness Properties (2012/2008) [2013] ZAGPJHC 408 (28 November 2013)

The court granted ABSA a final winding-up order against Cardio Fitness Properties and held that a business rescue application suspends liquidation proceedings, not the grant of the order.

  • Business Rescue
  • Liquidation Proceedings
  • Companies Act Section 131
  • Final Winding Up Order
  • Business-rescue
  • Liquidation
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Commercial And Corporate [2010] ZAWCHC 663

Investec Bank Limited v Quickvest 229 (Pty) Limited; In re: Gore N.O and Others v Gorremans (12689/2009 1604/2010)

Investec Bank Limited v Quickvest 229 (Pty) Limited; In re: Gore N.O and Others v Gorremans (12689/2009 1604/2010) [2010] ZAWCHC 663 (14 April 2010)

The High Court made Quickvest 229 (Pty) Limited’s provisional winding-up final and authorised provisional liquidators to exercise extended powers for administration and asset realisation.

  • Final Winding Up Order
  • Powers Of Liquidators
  • Postponement Of Proceedings
  • Sale Of Company Assets
  • Creditor Rights
  • Winding-up
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.