Marks and Another v Bester and Others (12698/22) [2024] ZAWCHC 82 (12 March 2024)
Court
Western Cape High Court, Cape Town
Case number
12698/22
Judge
M Sher
The court found that the applicants failed to establish good and sufficient cause for the removal of the liquidators. The allegations of impropriety, bias, and dereliction of duty were unsupported by evidence. The liquidators acted prudently and in the best interests of the estate and creditors, especially in their handling of claims and tax affairs. The application was deemed an abuse of process, motivated by the first applicant's desire to avoid interrogation, and was not urgent. The respondents' explanations were cogent, and no conflict of interest or lack of independence was demonstrated.…