South Africa Case Law

Metro Chicken (Pty) Ltd and Others v Master of the High Court of South Africa, Durban and Others (D14387/2023)

Metro Chicken (Pty) Ltd and Others v Master of the High Court of South Africa, Durban and Others (D14387/2023) [2025] ZAKZDHC 51 (12 August 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D14387/2023

Judge

Mossop

The High Court dismissed a liquidation challenge for lack of standing and no proof of misconduct. Condonation for a late reply was also refused with costs.

• Winding Up Of Companies
• Liquidator Powers
• Locus Standi
• Sale Of Assets
• Condonation
• Punitive Costs

Dorfling N.O and Another v Engelbrecht N.O and Others (004697/2024)

Dorfling N.O and Another v Engelbrecht N.O and Others (004697/2024) [2024] ZAGPPHC 1135 (7 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

004697/2024

Judge

Moshoana

The High Court dismissed trustees’ bid to obtain leave to sue on behalf of a company in liquidation, holding that the liquidators’ refusal was not mala fide or unreasonable.

• Winding Up
• Liquidator Powers
• Leave To Institute Action
• Derivative Action
• Companies Act 1973
• Administrative Action Review

Darmalingam N.O v Marques and Another (9256/21)

Darmalingam N.O v Marques and Another (9256/21) [2022] ZAGPPHC 577 (2 August 2022)

Court

North Gauteng High Court, Pretoria

Case number

9256/21

Judge

Skosana

Leave to appeal was refused in a dispute over divorce-related costs, the liquidator’s powers, and objections to an amended final account.

• Leave To Appeal
• Costs In Divorce
• Liquidator Powers
• Division Of Joint Estate
• Leave-to-appeal
• Divorce-costs

Blue Bulls Company (Pty)Ltd vs Mega Burst Oils and Fuels (Pty)Ltd (2021/18739)

Blue Bulls Company (Pty)Ltd vs Mega Burst Oils and Fuels (Pty)Ltd (2021/18739) [2022] ZAGPJHC 314 (21 April 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2021/18739

Judge

Molahlehi

The court held that the applicant failed to persuade it to exercise its discretion in favour of rescinding the winding-up order. Although the applicant settled the debt with the first respondent and obtained its consent, the interests of other creditors, notably FNB, who is owed over R2 million, were not addressed or safeguarded. The applicant also failed to make provision for the remuneration and expenses of the liquidators, whose interests must be protected before a winding-up order is set aside. The court confirmed that rescission applications must be brought under section 354 of the Compa…

Source excerpt

• Winding Up Order Rescission
• Companies Act Section 354
• Liquidator Powers
• Creditor Interest
• Urgent Application Procedure

Darmalingam N.O v Marques and Another (9256/21)

Darmalingam N.O v Marques and Another (9256/21) [2022] ZAGPPHC 79 (31 January 2022)

Court

North Gauteng High Court, Pretoria

Case number

9256/21

Judge

Skosana

The High Court partly reviewed an amended final account for division of a joint estate, upheld some objections, and ordered corrections before approval.

• Division Of Joint Estate
• Liquidator Powers
• Matrimonial Property Act
• Review Of Account
• Costs Award
• Joint-estate-division

Pieters NO v Absa Bank Ltd (50865/2010)

Pieters NO v Absa Bank Ltd (50865/2010) [2018] ZAGPJHC 711 (22 May 2018)

Court

South Gauteng High Court, Johannesburg

Case number

50865/2010

Judge

WHG van der Linde

The court held that upon the Master issuing her certificate in terms of section 419(1) of the Companies Act, the company was completely wound up and the plaintiff had discharged all statutory duties and powers as liquidator. The Master’s subsequent re-instatement of the plaintiff was ultra vires, as the functus officio doctrine precluded the Master from revoking her earlier decision. The defendant was entitled to collaterally challenge the validity of the Master’s re-instatement, and the plaintiff lacked locus standi to institute the present action. Consequently, the defendant’s first special…

Source excerpt

• Locus Standi
• Functus Officio
• Company Winding Up
• Liquidator Powers
• Collateral Challenge
• Companies Act 1973

CWT Aquarius Shipping International (Pty) Ltd and Others v Master of the High Court, Gauteng local Division, Johannesburg and Others (37425/2014)

CWT Aquarius Shipping International (Pty) Ltd and Others v Master of the High Court, Gauteng local Division, Johannesburg and Others (37425/2014) [2017] ZAGPJHC 454 (29 September 2017)

Court

South Gauteng High Court, Johannesburg

Case number

37425/2014

Judge

Windell

The court found that the applicants were not 'aggrieved persons' as required by section 151 of the Insolvency Act, as the admission of Mayfair's claim did not infringe any of their legal rights. The liquidator's authority to institute proceedings against the applicants was not conditional on Mayfair being a proved creditor, and the applicants retained the right to contest the validity of Mayfair's claim in subsequent litigation. The constitutional challenge to section 40(1) of the Insolvency Act and section 364(2) of the Companies Act was declined on the basis that it was not ripe for determi…

Source excerpt

• Insolvency Act Review
• Proof Of Claims
• Locus Standi
• Constitutional Challenge
• Notice To Creditors
• Liquidator Powers

New African Alliance Investments (Pty) Ltd v Maharaj (81348/2014)

New African Alliance Investments (Pty) Ltd v Maharaj (81348/2014) [2017] ZAGPPHC 72 (21 February 2017)

Court

North Gauteng High Court, Pretoria

Case number

81348/2014

Judge

T Brenner

The High Court refused leave to appeal against a final winding-up order, finding no reasonable prospect of success and no compelling reason to hear the appeal.

• Final Winding Up Order
• Deadlock Between Shareholders
• Leave To Appeal
• Liquidator Powers
• Shareholder Disputes
• Leave-to-appeal

Western Province Rugby Football Union v Western Province Rugby (Pty) Ltd; Ex Parte Van Zyl NO and Another (21739/2016; 22169/2016; 22594/2016)

Western Province Rugby Football Union v Western Province Rugby (Pty) Ltd; Ex Parte Van Zyl NO and Another (21739/2016; 22169/2016; 22594/2016) [2016] ZAWCHC 194 (20 December 2016)

Court

Western Cape High Court, Cape Town

Case number

21739/2016; 22169/2016; 22594/2016

Judge

Binns-Ward

The High Court granted final liquidation of Western Province Rugby (Pty) Ltd, rejected abuse-of-process objections, and authorised liquidators' additional powers.

• Company Liquidation
• Abuse Of Process
• Creditor Rights
• Concursus Creditorum
• Executory Contracts
• Liquidator Powers

Van Zyl NO v Nedbank Limited (13878/05)

Van Zyl NO v Nedbank Limited (13878/05) [2008] ZAGPHC 47 (26 February 2008)

Court

High Courts - Gauteng

Case number

13878/05

Judge

Poswa

The court considered whether the applicant's claim to set aside the impugned transactions had prescribed under the Prescription Act. It found that the applicant, as liquidator, was in possession of all relevant documents and information regarding the transactions by 15 November 2001. The application was only launched on 29 April 2005, well after the three-year prescription period provided by section 11(d) of the Prescription Act. The court rejected the applicant's argument that the claim was not a 'debt' susceptible to prescription, holding that the term 'debt' in the Act is to be interpreted…

Source excerpt

• Insolvency Act Section 26
• Prescription Act Section 11d
• Disposition Without Value
• Liquidator Powers
• Voidable Preferences