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South Africa decisions
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Morwell Plant Hire (Pty) Ltd v Tseke Construction CC (2024/26563) [2025] ZAGPJHC 670 (10 July 2025)
The High Court granted provisional liquidation of a close corporation after finding an admitted debt, no proven payment defence, and a misconceived cession defence.
U-Rent (SA) (Pty) Limited v NMP Trading Projects (Pty) Limited t/a NMP Holdings (2024/063820) [2025] ZAGPPHC 489 (14 May 2025)
The High Court granted a provisional winding-up order after finding the respondent failed to pay its debts and raised no bona fide dispute of fact.
Tau Roller Meule (Pty) Ltd v Marcus M Farming CC (A191/2023) [2024] ZAGPPHC 154 (21 February 2024)
The appellate court found that Marcus M Farming CC was unable to pay its debts, as evidenced by its admitted indebtedness to Tau Roller Meule (Pty) Ltd and failure to settle the debt despite a compromise agreement and partial payments. The respondent's alleged bona fide defence was not supported by reasonable grounds and did not discharge the onus required to resist liquidation. The court held that interlocutory applications, including those based on lis pendens, irregular step proceedings, and abuse of process, were without merit and dismissed them. The court refused to admit further evidenc…
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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).
Engineered Mining Solutions (Pty) Ltd v E and M Tshwaragano Joint Ventures (Pty) Ltd (UM 119/2023) [2023] ZANWHC 194 (25 October 2023)
High Court granted provisional winding-up of the respondent company after a demand under the Companies Act was ignored and the debt dispute did not defeat insolvency grounds.
Umsobomvu Coal Proprietary Limited v Transasia Mineral SA Proprietary Limited (50816/2020) [2022] ZAGPPHC 893 (15 November 2022)
The High Court granted a final winding-up order after finding the respondent failed to pay taxed costs and that its conditional payment and set-off defences did not defeat liquidation.
KIC SA (Pty) Ltd v Edith Venter Promotions CC (2020/9865) [2022] ZAGPJHC 77 (18 February 2022)
The High Court granted a provisional winding-up order against a close corporation after finding its debt to the applicant was prima facie established and not bona fide disputed.
Vantage Mezzanine Fund 2 Partnership and Another v Cedar Park Properties 39 (Pty) Ltd (45678/2018) [2020] ZAGPJHC 402 (26 August 2020)
The High Court ordered Cedar Park Properties 39 (Pty) Ltd into final winding-up after finding it unable to pay its debts and rejecting a bid to suspend the liquidation.
Maralco Business Advisors CC t/a Glowax Proprietary Limited (17572/2018) [2018] ZAGPPHC 277 (2 May 2018)
The High Court granted a final winding-up order, finding that Glowax Proprietary Limited was unable to pay its debts and that urgency was justified.
Marais aand Others v Buy Direct Website Services (Pty) Ltd (12684/2017) [2018] ZAGPPHC 18 (16 February 2018)
The High Court granted final winding-up of Buy Direct Website Services (Pty) Ltd after finding the company had failed to pay debts and met the statutory requirements.
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