South Africa Case Law

Ace Films Corporation v Mimosa Rolprent Produksies (Pty) Ltd (In Liquidation) and Others (21717/2023)

Ace Films Corporation v Mimosa Rolprent Produksies (Pty) Ltd (In Liquidation) and Others (21717/2023) [2024] ZAWCHC 123 (7 May 2024)

Court

Western Cape High Court, Cape Town

Case number

21717/2023

Judge

Golden

The Court found that Salant's purported reappointment as director of ACE Films Corporation was invalid and unauthorised, as the required written consent from CAT, ACE's sole shareholder, was never given by the liquidators who controlled CAT following Mimosa's liquidation. The liquidators, empowered by a creditors' resolution, lawfully appointed Troskie as director of CAT, and she validly replaced Salant as director of ACE. The written consents and resolutions were properly executed and reflected the wishes of the liquidators. Allegations of fraud and improper purpose by Salant were unsupporte…

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• Authority Of Attorney
• Business Rescue
• Company Directorship
• Liquidation Powers
• Rule 7 Dispute

Barnard N.O and Others ; In re TFM Industries (Pty) Ltd (2023–035743)

Barnard N.O and Others ; In re TFM Industries (Pty) Ltd (2023–035743) [2023] ZAGPJHC 420 (3 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023–035743

Judge

Malungana

The High Court granted urgent relief to liquidators of TFM Industries, authorising steps to remove and store assets after lease termination, and admitted intervening parties.

• Urgent Application
• Liquidation Powers
• Creditor Intervention
• Companies Act Section 386
• Asset Preservation
• Urgent-application

Botha N.O and Others v Taljaard and Others (1094/2022;963/2021;964/2021;2436/2021)

Botha N.O and Others v Taljaard and Others (1094/2022;963/2021;964/2021;2436/2021) [2022] ZANCHC 83 (24 November 2022)

Court

Northern Cape High Court, Kimberley

Case number

1094/2022;963/2021;964/2021;2436/2021

Judge

Mamosebo

The High Court held that its earlier orders were not suspended by appeal, dismissed interlocutory challenges, and awarded costs against the respondents.

• Liquidation Powers
• Business Rescue
• Commission Of Enquiry
• Execution Pending Appeal
• Declaratory Relief
• Fiduciary Duties

Ex Parte; Eckhoff N.O and Another; Ex Parte; Eckhoff N.O and Another (17697/21; 17696/21)

Ex Parte; Eckhoff N.O and Another; Ex Parte; Eckhoff N.O and Another (17697/21; 17696/21) [2021] ZAWCHC 233 (17 November 2021)

Court

Western Cape High Court, Cape Town

Case number

17697/21; 17696/21

Judge

Montzinger

The court found that the applicants, as liquidators and provisional trustees, were demonstrably handicapped in executing their statutory duties due to the lack of cooperation from the insolvents and the uncertainty regarding the assets. No creditors' meeting had been convened, and the Master could not provide directions. The only viable remedy was to approach the court for an extension of powers. The opposition raised by the respondents was without substantive merit and did not outweigh the applicants' statutory obligations to protect the interests of creditors. The court further held that th…

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• Liquidation Powers
• Provisional Trustee Authority
• Interim Interdict
• Search And Seizure
• Creditor Protection

Gore NO and Others v Basson NO and Others (13249/12)

Gore NO and Others v Basson NO and Others (13249/12) [2012] ZAWCHC 331 (15 October 2012)

Court

Western Cape High Court, Cape Town

Case number

13249/12

Judge

K M Savage

The court found that the application complied with section 382(1) of the Companies Act, as the subsequent confirmatory affidavit by the second applicant amounted to ratification of the act of launching the application. The powers sought by the provisional liquidators were considered, and the court authorised the applicants to borrow up to R750,000 for specific expenses, finding that the higher amount requested was not justified by the evidence. The court authorised the applicants to bring or defend legal proceedings and to continue any part of the business necessary for winding-up, but reserv…

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• Liquidation Powers
• Ratification Of Liquidator Acts
• Borrowing Authority
• Fiduciary Duties Of Liquidators
• Costs In Liquidation

Morrison and Others v Vaughn and Others (07/23990)

Morrison and Others v Vaughn and Others (07/23990) [2008] ZAGPHC 171 (13 June 2008)

Court

High Courts - Gauteng

Case number

07/23990

Judge

Blieden

The High Court granted liquidators leave to litigate, set aside creditor resolutions, ordered eviction from the Houghton property, and dismissed a PIE-based counter-application.

• Liquidation Powers
• Creditor Resolutions
• Eviction Proceedings
• Companies Act Section 386
• Close Corporations Act
• Prevention Of Illegal Eviction Act