South Africa Case Law

Morrison and Sons (Pty) Ltd v Post Desk (Pty) Ltd (2023-123698)

Morrison and Sons (Pty) Ltd v Post Desk (Pty) Ltd (2023-123698) [2025] ZAGPPHC 341 (28 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023-123698

Judge

A Maier-Frawley

The applicant established, on a balance of probabilities, that the respondent is unable to pay its debts as envisaged by section 345 of the Companies Act, 1973. The applicant complied with all procedural requirements, including proper service of the statutory demand at the respondent's registered address. The respondent's opposition was based on unsubstantiated denials and lacked material particularity, failing to raise a bona fide dispute of fact. The respondent did not provide credible evidence of payment or solvency, and its technical objections regarding the case number were without merit…

Source excerpt

• Company Liquidation
• Commercial Insolvency
• Statutory Demand
• Cession Of Claim
• Provisional And Final Liquidation
• Service Of Process

Commissioner for the South African Revenue Service v Zikhulise Cleaning Maintenance and Transport Service; Mpisane v Zikhulise Cleaning Maintenance and Transport CC and Another (14886/16; 18101/16)

Commissioner for the South African Revenue Service v Zikhulise Cleaning Maintenance and Transport Service; Mpisane v Zikhulise Cleaning Maintenance and Transport CC and Another (14886/16; 18101/16) [2020] ZAGPPHC 561 (14 October 2020)

Court

North Gauteng High Court, Pretoria

Case number

14886/16; 18101/16

Judge

Collis

The High Court confirmed the provisional winding-up of Zikhulise, rejected a section 347(5) objection, granted leave under section 177(3), and ordered costs.

• Tax Debt Liquidation
• Business Rescue
• Creditor Standing
• Just And Equitable Winding Up
• Statutory Compliance
• Provisional And Final Liquidation