South Africa Case Law

Hyprop Investments Limited and Another v NSC Carriers and Forwarding CC; Hyprop Investments Limited and Another v Costa (2015/29277; 2015/29278)

Hyprop Investments Limited and Another v NSC Carriers and Forwarding CC; Hyprop Investments Limited and Another v Costa (2015/29277; 2015/29278) [2017] ZAGPJHC 19 (10 February 2017)

Court

South Gauteng High Court, Johannesburg

Case number

2015/29277; 2015/29278

Judge

C G Lamont

The court granted final winding-up of a close corporation and provisional sequestration of an individual debtor, rejecting illiquid counterclaim defences.

• Winding Up Of Close Corporation
• Final Sequestration Order
• Illiquid Counterclaim
• Judgment Debt Enforcement
• Creditor Rights
• Winding-up-of-close-corporation

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