Wishart and Others v BHP Billiton Coal South Africa (Pty) Limited and Others (162/2016)
Wishart and Others v BHP Billiton Coal South Africa (Pty) Limited and Others (162/2016) [2016] ZASCA 164; [2017] 1 All SA 90 (SCA); 2017 (4) SA 152 (SCA) (16 November 2016)
The Supreme Court of Appeal held that section 44(1) of the Insolvency Act 24 of 1936 applies to the proof of claims in the winding-up of companies under the Companies Act 61 of 1973, including the time period for proof and the possibility of late proof with leave of the Master or the court. The provisions of section 366 of the Companies Act are complementary and do not exclude section 44(1). The first exception to the appellants' particulars of claim was therefore wrongly upheld and must be dismissed. Regarding expungement of claims, the court found that the power to expunge a claim is confer…
Source excerpt
- Winding Up Of Companies
- Proof Of Claims
- Expungement Of Claims
- Late Proof Of Claims
- Master's Powers
- Exceptions To Pleadings