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South Africa decisions
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Astra Constantine Inc v Jones and Another (25801/2024) [2025] ZAWCHC 238 (3 June 2025)
The High Court granted provisional sequestration after finding a liquidated claim, an act of insolvency, and a reasonable prospect of benefit to creditors.
Van der Merwe v Empedocles NO and Others (33977/2020) [2020] ZAGPJHC 282 (9 November 2020)
The court found that the company was factually and commercially insolvent, with liabilities far exceeding assets and the applicant's creditor claim omitted from the voluntary liquidation process. The court held that, in law, it is not necessary to set aside the voluntary winding-up before granting a compulsory winding-up order. The voluntary liquidation process, including the appointment of the current liquidators, was confirmed, and the compulsory winding-up order was granted. The date of commencement for the winding-up is the date of registration of the special resolution. The applicant and…
Source excerpt
Afrisam (South Africa) (Proprietary) Limited v Maleth Investment Fund (Proprietary) Limited (651/2018) [2019] ZASCA 139 (1 October 2019)
The Supreme Court of Appeal held that an intervening voluntary winding-up did not extinguish a pending compulsory winding-up application, and fixed the effective date under section 340(2)(a).
Dabelstein and Others v Lane and Another (112/99) [2000] ZASCA 71; 2001 (1) SA 1222 (SCA); [2001] 1 All SA 532 (A) (28 November 2000)
The Supreme Court of Appeal set aside an attachment order, holding that the applicants had not pleaded a prima facie case to attack payments made under court orders.
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