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Tariomix (Pty) Ltd t/a Forever Diamonds and Gold v Botes and Others (UM29/2023) [2024] ZANWHC 136 (11 June 2024)
The High Court dismissed Tariomix’s application for leave to appeal against a final winding-up order, finding no reasonable prospects of success.
Botes and Others v Tariomix (Pty) Ltd t/a Forever Diamonds and Gold and Others (UM29/2023) [2024] ZANWHC 106; [2024] 2 All SA 830 (NWM); 2024 (6) SA 203 (NWM) (12 April 2024)
Liquidation proceedings are unique in nature and, once a provisional liquidation order is granted, the legal status of the company is fundamentally altered. The withdrawal of the application by the original applicants after the grant of a provisional order does not automatically terminate the proceedings or collapse the provisional order. The court retains central authority to determine whether the provisional order should be made final or discharged, and must be satisfied that there are grounds for discharge. The withdrawal notice filed by the original applicants was defective, lacking a ten…
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