Gainsford N.O. and Others v Tanzer Transport (Pty) Ltd, In Re; Gainsford N.O. and Others v Tanzer Transport (Pty) Limited and Others (076/2013)
Gainsford N.O. and Others v Tanzer Transport (Pty) Ltd, In Re; Gainsford N.O. and Others v Tanzer Transport (Pty) Limited and Others (076/2013) [2014] ZASCA 32; 2014 (3) SA 468 (SCA); [2014] 3 All SA 21 (SCA) (28 March 2014)
The Supreme Court of Appeal held that the liquidators were entitled to institute proceedings in their own names or in the name of the company in liquidation, as their actions were always in their representative capacity and for the benefit of creditors. The resolution passed by creditors authorising the liquidators to recover outstanding debts was sufficiently broad to encompass proceedings to recover voidable dispositions. The payments made by the company to Tanzer after the commencement of winding-up were void under s 341(2) of the Companies Act 61 of 1973, and Tanzer was ordered to repay t…
Source excerpt
- Winding Up Of Companies
- Liquidator Locus Standi
- Voidable Dispositions
- Creditors Voluntary Winding Up
- Authority Of Liquidators
- Concursus Creditorum