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…
Source excerpt
- Winding Up Of Company
- Commercial Insolvency
- Bona Fide Dispute Of Debt
- Creditor S Rights
- Practice Directives Compliance