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South Africa Case Law

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Commercial And Corporate [2024] ZAGPPHC 222

BTW and Associates (Pty) Ltd v Maragela Consulting Engineers (Pty) Ltd (9193/2022)

BTW and Associates (Pty) Ltd v Maragela Consulting Engineers (Pty) Ltd (9193/2022) [2024] ZAGPPHC 222 (19 March 2024)

The applicant established that it is a creditor of the respondent for an amount exceeding R100, that the debt is due and payable, and that the respondent failed to pay after proper service of a section 345 notice. The respondent's defences were inconsistent, contradictory, and unsupported by evidence. The cap argument failed to account for VAT, leaving a substantial amount unpaid. The prescription defence was defeated by the respondent's own admissions, which interrupted prescription. The respondent did not make full disclosure of its financial position, justifying a negative inference regard…

  • Winding Up Of Company
  • Commercial Insolvency
  • Bona Fide Dispute Of Debt
  • Creditor S Rights
  • Practice Directives Compliance
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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.