South Africa Case Law

Jacobus v Tracy N.O. and Others (10387/2022)

Jacobus v Tracy N.O. and Others (10387/2022) [2023] ZAGPJHC 1118 (3 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

10387/2022

Judge

A Friedman

The court held that condonation for the late filing of the application should be granted, as the delay was minimal, explained, and caused no prejudice. The application to set aside the Master’s ruling was dismissed except in relation to the provision of supporting documentation. The court found that the liquidators failed to provide adequate supporting documents for certain expenses listed in the liquidation and distribution account, particularly those in annexure FA9 and the payment for 'compliance certificates.' The Master’s ruling was set aside to the extent that the account was incomplete…

Source excerpt

• Liquidation And Distribution Account
• Personal Liability Of Liquidators
• Condonation
• Remuneration Of Liquidators
• Supporting Documentation
• Close Corporations

Thomson & De Kock Construction Company (Pty) Ltd v Terblanche NO and Others (12870/19)

Thomson & De Kock Construction Company (Pty) Ltd v Terblanche NO and Others (12870/19) [2020] ZAWCHC 55 (19 May 2020)

Court

Western Cape High Court, Cape Town

Case number

12870/19

Judge

P.A.L. Gamble

The court found that the liquidators, having disposed of the only asset of the insolvent company to Slipknot without securing payment and in the face of a known dispute regarding creditor preference, acted imprudently and grossly negligently. The confirmed liquidation and distribution account, which awarded the applicant a dividend, was not shown to be incorrect or prepared in error, and the liquidators failed to establish any grounds for reopening the account. The applicant is entitled to payment in terms of the confirmed account, and the liquidators are personally liable for the amount due,…

Source excerpt

• Liquidation And Distribution Account
• Creditor Preference
• Personal Liability Of Liquidators
• Section 387 4 Companies Act
• Reopening Confirmed Account

Venter and Others v Matsepe NO and Others (5719/2019)

Venter and Others v Matsepe NO and Others (5719/2019) [2019] ZAFSHC 163 (29 August 2019)

Court

Free State High Court, Bloemfontein

Case number

5719/2019

Judge

Molitsoane

The court dismissed an application to order liquidators to pay costs personally, holding they acted within their mandate and were not joined in their personal capacities.

• Costs Award
• Personal Liability Of Liquidators
• Joinder Of Parties
• Costs-award
• Liquidators
• Joinder-of-parties

Government Employees Pension Fund v Van Rooyen and Another (52149/2015)

Government Employees Pension Fund v Van Rooyen and Another (52149/2015) [2018] ZAGPPHC 730 (22 March 2018)

Court

North Gauteng High Court, Pretoria

Case number

52149/2015

Judge

T D Vilakazi

Leave to appeal was dismissed because the applicant had not pleaded negligence or facts supporting personal liability against the liquidators.

• Exception To Particulars Of Claim
• Personal Liability Of Liquidators
• Requirements For Delict
• Insolvency Act Section 37
• Exception-to-particulars-of-claim
• Personal-liability-of-liquidators

Van Rooyen v Muller; In re: Government Employees v Van Rooyen and Another (52149/2015)

Van Rooyen v Muller; In re: Government Employees v Van Rooyen and Another (52149/2015) [2017] ZAGPPHC 338 (31 May 2017)

Court

North Gauteng High Court, Pretoria

Case number

52149/2015

Judge

T.D. Vilakazi

The High Court upheld an exception to particulars of claim against liquidators, finding no cause of action and holding that the claim lay against the company’s estate.

• Exception To Particulars Of Claim
• Personal Liability Of Liquidators
• Pure Economic Loss
• Lease In Liquidation
• Wrongfulness
• Fiduciary Duty

Hillcrest Village (Pty) Ltd and Another v Nedbank Limited and Others (1012/07)

Hillcrest Village (Pty) Ltd and Another v Nedbank Limited and Others (1012/07) [2008] ZAGPHC 134 (29 April 2008)

Court

High Courts - Gauteng

Case number

1012/07

Judge

Mavundla

The court held that the plaintiffs' particulars of claim, taken as correct for the purpose of the exception, disclose sufficient averments to sustain a derivative action. The liquidators, as persons in control of the company, are alleged to have perpetrated fraud and collusive conduct, thereby preventing the company from suing for redress. Equity and fairness require that interested parties be permitted to bring a derivative action in such circumstances. The fact that the company was in liquidation and the liquidators were the alleged wrongdoers does not preclude the derivative action, especi…

Source excerpt

• Derivative Action
• Liquidation
• Fraudulent Conduct
• Personal Liability Of Liquidators
• Collusive Disposition