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South Africa decisions
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Sayers v Snaid and Morris Incorporated (130616/2023) [2025] ZAGPJHC 665 (8 July 2025)
The High Court granted a final winding-up order, finding the respondent unlawfully misrepresented liability for fees and pursued inflated execution against a creditor.
Firstrand Bank Ltd trading inter alia as First National Bank v Dr Bongani Investments 066 CC (2037/2023) [2025] ZALMPPHC 69 (2 April 2025)
The High Court ordered the final liquidation of a close corporation after finding it commercially insolvent and rejecting lis alibi pendens and service objections.
Ackerman v Kalon Venture Partners Limited (2022/050857) [2025] ZAGPJHC 267 (13 March 2025)
The High Court dismissed an application to place a company into provisional liquidation on just and equitable grounds, finding the case unsupported and self-serving.
Firstrand Bank Ltd trading inter alia as First National Bank v Dr Bongani Investments 066 CC (2037/2023) [2025] ZALMPPHC 41 (11 March 2025)
The court found that the respondent was commercially insolvent, as evidenced by its failure to pay debts as they became due and its own admission of substantial outstanding indebtedness. The respondent's intermittent payments did not demonstrate commercial solvency. Statutory service requirements were met, and the points in limine raised by the respondent, including lis alibi pendens and alleged abuse of process, were dismissed as lacking merit. The court held that, in line with prevailing authority, a creditor is entitled to a winding-up order where the respondent is unable to discharge its…
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Meisel and Another v Sweet Sue Investments CC and Another (2020/7700) [2025] ZAGPJHC 168 (20 February 2025)
The High Court granted final winding up of a close corporation after finding an irretrievable deadlock between equal members and compliance with service requirements.
Rontgen N.O and Others v African Bell Tent Company (22123/23) [2025] ZAWCHC 32 (6 February 2025)
The High Court ordered African Bell Tent Company’s final winding up after finding a director-shareholder deadlock that made the business unworkable.
De Sa Miranda v True Ruby Trading 1035 CC and Another (20548/2023) [2024] ZAWCHC 430; [2025] 1 All SA 645 (WCC) (30 December 2024)
The court found that the applicant had been excluded from the management and information of True Ruby for an extended period, had not received his share of income, and that the second respondent's assertion that the applicant was no longer entitled to his membership interest was not credible. The evidence, including the Association Agreement, financial statements, and the conduct of the second respondent, supported the applicant's version that trust and confidence between the members had irretrievably broken down. The court held that, in the absence of viable alternative remedies and given th…
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Business Partners Limited v Companies and Intellectual Properties Commission of South Africa and Others (14388/2024) [2024] ZAWCHC 402 (29 November 2024)
The court found that Don Mo Property (Pty) Ltd was unable to pay its debts as envisaged in section 344 of the Companies Act, read with section 345(1)(c), due to breaches of loan agreements, failure to file annual returns, and non-payment of municipal rates and taxes. The directors lacked authority to oppose the liquidation application on behalf of Don Mo, as no shareholder resolution was passed as required by the Memorandum of Incorporation. The Badenhorst rule was applied, and the court determined that the debts were not bona fide disputed on reasonable grounds. The directors' mismanagement…
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Tyrus Limited v Affinity Enterprise Capital (Pty) Ltd (D5007/2023) [2024] ZAKZDHC 59 (23 August 2024)
The High Court granted a provisional liquidation order against Affinity Enterprise Capital (Pty) Ltd, rejecting arguments that repayment depended on the sale of CAMS software.
Linquenda Aqua Proprietary Limited v Winelands Bottling Company Proprietary Limited (2074/2024) [2024] ZAWCHC 177 (21 June 2024)
The High Court granted a provisional winding-up order after finding Winelands had not shown a bona fide dispute of Linquenda’s rental claim.
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