Von Schimper v Monastery Diamond Mining Corporation Ltd (551/2006)
Von Schimper v Monastery Diamond Mining Corporation Ltd (551/2006) [2007] ZAFSHC 24 (9 March 2007)
The court held that the affidavits of the provisional liquidators were irrelevant to the proceedings before it, as the application for costs de bonis propriis was not against the company in liquidation but against individuals acting in a representative capacity. Section 359(1)(a) of the Companies Act only suspends proceedings against the company, not against its directors or attorneys personally. The court found that it had jurisdiction to make a costs order against Van Jaarsveld and STRB, regardless of their residence or business location, as the costs arose from litigation conducted before…
Source excerpt
- Costs De Bonis Propriis
- Company Liquidation
- Jurisdiction Of Cost Orders
- Interlocutory Applications
- Representative Capacity
- Notice And Service