South Africa Case Law

Charl Electrical Engineering CC v Integrated Projects Construction (Pty) Ltd (20167/23)

Charl Electrical Engineering CC v Integrated Projects Construction (Pty) Ltd (20167/23) [2024] ZAWCHC 361 (11 November 2024)

Court

Western Cape High Court, Cape Town

Case number

20167/23

Judge

A Montzinger

The court found that Charl Electrical Engineering CC failed to establish a prima facie claim for the provisional winding-up of Integrated Projects Construction (Pty) Ltd. The applicant did not set out a sufficient cause of action in its founding affidavit, relying instead on evidence and allegations introduced in replying affidavits. The written agreement relied upon was an Occupational Health and Safety agreement, not a subcontractor agreement for electrical services. The applicant failed to disclose material facts, including the JBCC Principal Building Agreement and its direct dealings with…

Source excerpt

• Company Liquidation
• Prima Facie Claim
• Founding Affidavit Requirements
• Bona Fide Dispute
• Creditor Concurrence

OMV Proprietary Limited v Alleyroads Construction Proprietary Limited (2019/7213)

OMV Proprietary Limited v Alleyroads Construction Proprietary Limited (2019/7213) [2021] ZAGPJHC 27 (2 February 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2019/7213

Judge

Gilbert

The applicant failed to establish a prima facie claim for the respondent's indebtedness on a balance of probabilities, as the founding and replying affidavits lacked sufficient detail and supporting documentation such as invoices. The respondent's version, supported by evidence of defects and a bona fide dispute, could not be rejected as far-fetched or fanciful under the Plascon-Evans approach. The applicant persisted in liquidation proceedings despite a reasonable tender by the respondent, which constituted an abuse. Accordingly, the application for winding-up is dismissed, and the applicant…

Source excerpt

• Winding Up
• Company Indebtedness
• Bona Fide Dispute
• Prima Facie Claim
• Costs Award

Marubeni Corporation and Others v Intergis Co. Limited (A122/2015)

Marubeni Corporation and Others v Intergis Co. Limited (A122/2015) [2016] ZAKZDHC 41 (11 November 2016)

Court

Kwazulu-Natal High Court, Durban

Case number

A122/2015

Judge

Koen

The High Court set aside the arrest of the MV IVS Crimson Creek, finding no prima facie claim and no genuine need for security.

• Associated Ship Arrest
• Prima Facie Claim
• Genuine Need For Security
• Dangerous Goods
• Inherent Vice
• Costs Award

Brobulk Ltd v Gregos Shipping Ltd and Others (A71/2009)

Brobulk Ltd v Gregos Shipping Ltd and Others (A71/2009) [2010] ZAKZDHC 2 (28 January 2010)

Court

Kwazulu-Natal High Court, Durban

Case number

A71/2009

Judge

Swain

The court refused to set aside the arrest of the vessel mv Gregos, finding the applicant had made out a prima facie claim and that the enforceability issue was not decisive here.

• Arrest Of Ship
• Security For Claim
• Associated Ship
• Application Of English Law
• Inter Club Agreement
• Prima Facie Claim