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South Africa Case Law

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Civil Procedure [2024] ZAGPPHC 1162

Scania Finance Southern Africa (Pty) Ltd v Mathafeng Investment Holdings (Pty) Ltd (Leave to Appeal) (65023/2020)

Scania Finance Southern Africa (Pty) Ltd v Mathafeng Investment Holdings (Pty) Ltd (Leave to Appeal) (65023/2020) [2024] ZAGPPHC 1162 (12 November 2024)

Court
North Gauteng High Court, Pretoria
Case number
65023/2020
Judge
Ally

The High Court dismissed an application for leave to appeal against a provisional winding-up order, finding no reasonable prospects of success.

  • Leave To Appeal
  • Provisional Winding Up
  • Appealability Of Orders
  • Insolvency Act Section 150
  • Companies Act Section 339
  • Leave-to-appeal
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Civil Procedure [2021] ZAGPPHC 509

Cloete N.O v Ramphele (25067/2020)

Cloete N.O v Ramphele (25067/2020) [2021] ZAGPPHC 509 (28 July 2021)

Court
North Gauteng High Court, Pretoria
Case number
25067/2020
Judge
Van Zyl

The High Court dismissed leave to appeal against a provisional sequestration order, holding that section 150 of the Insolvency Act does not allow such an appeal.

  • Leave To Appeal
  • Sequestration
  • Insolvency Act Section 150
  • Costs Order
  • Leave-to-appeal
  • Provisional-sequestration
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Commercial And Corporate [2014] ZAGPPHC 620

Ex parte: Nell N.O. and Others (45279/14)

Ex parte: Nell N.O. and Others (45279/14) [2014] ZAGPPHC 620; 2014 (6) SA 545 (GP) (29 July 2014)

Court
North Gauteng High Court, Pretoria
Case number
45279/14
Judge
Tuchten

The court held that, notwithstanding the application for leave to appeal against the liquidation order, the provisions of the Insolvency Act and Chapter 14 of the previous Companies Act apply as if no appeal had been noted. Section 132(2)(a)(i) of the Companies Act is clear that business rescue proceedings end when the court sets aside the resolution. The court found that section 18 of the Superior Courts Act does not override this position in the context of liquidation following the setting aside of a business rescue resolution. Control of the company vests in the liquidators immediately upo…

Source excerpt

  • Business Rescue
  • Company Liquidation
  • Superior Courts Act Section 18
  • Companies Act Section 132
  • Insolvency Act Section 150
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.