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South Africa Case Law

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Civil Procedure [2024] ZAGPJHC 591

Weighlofer and Others v Lyconet South Africa (Pty) Ltd and Others (82122/2023)

Weighlofer and Others v Lyconet South Africa (Pty) Ltd and Others (82122/2023) [2024] ZAGPJHC 591 (21 June 2024)

The High Court confirmed the final winding-up of Lyconet South Africa, finding a due debt under the Project X Promise and commercial insolvency.

  • Final Liquidation
  • Commercial Insolvency
  • Prescription
  • Multi Level Marketing Scheme
  • Company Liquidation
  • Final-liquidation
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Commercial And Corporate [2024] ZAWCHC 82

Marks and Another v Bester and Others (12698/22)

Marks and Another v Bester and Others (12698/22) [2024] ZAWCHC 82 (12 March 2024)

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.…

  • Removal Of Liquidator
  • Fiduciary Duties
  • Conflict Of Interest
  • Multi Level Marketing Scheme
  • Tax Liability
  • Abuse Of Process
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.