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Aon South Africa (Pty) Ltd v Van den Heever NO and Others (615/2016) [2017] ZASCA 66; [2017] 3 All SA 365 (SCA); 2018 (6) SA 38 (SCA) (30 May 2017)
The Supreme Court of Appeal upheld Aon’s res judicata defence, holding that issue estoppel barred claims A, B and C arising from the earlier liquidation litigation.
Janse Van Rensburg NO and Others v Ladislav (8037/06) [2006] ZAGPHC 95 (1 November 2006)
The court held that, by virtue of section 66 of the Close Corporations Act, the relevant provisions of the Companies Act and the Insolvency Act apply to close corporations in liquidation. Section 32 of the Insolvency Act expressly empowers liquidators to bring proceedings to set aside dispositions without value. References to 'trustee' in the Insolvency Act are to be construed as references to 'liquidator' in the context of a close corporation. Therefore, the plaintiffs, as liquidators, have locus standi to institute the proceedings in their own capacity, and the exception based on section 38…
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