South Africa Case Law

Botha N.O and Another v Van Zyl and Another (A25 / 2021; 2996 / 2017)

Botha N.O and Another v Van Zyl and Another (A25 / 2021; 2996 / 2017) [2023] ZAMPMHC 32 (27 September 2023)

Court

Middelburg High Court, Mpumalanga

Case number

A25 / 2021; 2996 / 2017

Judges

TV Ratshibvumo, MB Langa, L Bam

The court held that the settlement agreement applied only to the seven cases expressly listed in clause 1, which were pending at the time of the agreement. Case No. 2996/17 was not included in the list, and the wording of clause 1 was intended to identify and isolate the cases covered, not merely the parties. The omission of Case No. 2996/17 was deliberate, as it had already reached judgment and payment of the principal amount, with only costs outstanding. The court found that the parties intended to exclude concluded matters from the settlement, and the costs order in Case No. 2996/17 remain…

Source excerpt

• Interpretation Of Settlement Agreement
• Writ Of Execution
• Liquidation Costs
• Finality Of Proceedings

Cooper N.O. and Others v Miftah Ul Junainah CC (1495/2022)

Cooper N.O. and Others v Miftah Ul Junainah CC (1495/2022) [2022] ZAWCHC 195; 2023 (1) SA 523 (WCC) (5 October 2022)

Court

Western Cape High Court, Cape Town

Case number

1495/2022

Judge

E.S Grobbelaar

The High Court held that only it has jurisdiction under section 341(2) to order repayment of void dispositions by a company in liquidation, and awarded High Court-scale costs.

• Void Dispositions
• Companies Act Section 341 2
• Jurisdiction Of High Court
• Liquidation Costs
• Repayment Of Void Dispositions
• Void-dispositions

Absa Bank Limited v Medical Empowerment Consortium Investments Ltd and Others (Ahmed Ismael Gutta (Pty) Ltd and Others Intervening) (74827/2013)

Absa Bank Limited v Medical Empowerment Consortium Investments Ltd and Others (Ahmed Ismael Gutta (Pty) Ltd and Others Intervening) (74827/2013) [2017] ZAGPPHC 186 (17 May 2017)

Court

North Gauteng High Court, Pretoria

Case number

74827/2013

Judge

F G Preller

The court dismissed fresh business rescue and intervention applications, finding the companies were hopelessly insolvent and ordering final liquidation.

• Business Rescue
• Winding Up
• Creditor Intervention
• Companies Act Section 129
• Liquidation Costs
• Business-rescue

Sectional Poles (Pty) Ltd v D and Electrical Projects CC (68223/15)

Sectional Poles (Pty) Ltd v D and Electrical Projects CC (68223/15) [2016] ZAGPPHC 522 (24 June 2016)

Court

North Gauteng High Court, Pretoria

Case number

68223/15

Judge

Naude

The court held that a specific costs order is not required in liquidation proceedings, as the right to costs arises ex lege from the Insolvency Act. The Taxing Master should not refuse to tax a bill of costs simply because the court order does not expressly mention costs. The request to amplify the final liquidation order to include a costs order was refused. The reserved costs from the previous postponement were not awarded due to lack of evidence, and the order reserving those costs remains in place. The court ordered that the costs of the application, including those pertaining to the 20th…

Source excerpt

• Liquidation Costs
• Insolvency Act Application
• Taxation Of Costs
• Practice Directive Interpretation

Steenkamp N.O and others v Liquidators of Monoceros Trading 111 C (19265/13)

Steenkamp N.O and others v Liquidators of Monoceros Trading 111 C (19265/13) [2014] ZAWCHC 82 (10 January 2014)

Court

Western Cape High Court, Cape Town

Case number

19265/13

Judge

Binns-Ward

The court refused to add the Master’s recommendations on liquidators’ legal fees and attorney appointments, and made no costs order against the Master.

• Liquidation Costs
• Role Of Master
• Conflict Of Interest
• Legal Fees In Winding Up
• Statutory Powers Of Liquidator
• Liquidation-costs