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South Africa decisions
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Morwell Plant Hire (Pty) Ltd v Tseke Construction CC (2024/26563) [2025] ZAGPJHC 670 (10 July 2025)
The High Court granted provisional liquidation of a close corporation after finding an admitted debt, no proven payment defence, and a misconceived cession defence.
Maree and Others v Hanaline Boerdery Proprietary Limited (2750/2025) [2025] ZALMPPHC 111 (9 June 2025)
The High Court dismissed an urgent bid to extend time and suspend liquidation proceedings, and placed the respondent under provisional liquidation with a rule nisi.
Tabraz Enterprises (Pty) Limited t/a Copper Chimney v Kitty Naicker Property Holdings CC t/a Waterfall Centre (2024/013591) [2025] ZAGPPHC 454 (5 May 2025)
Urgent application to rescind or suspend a provisional liquidation order was dismissed because the applicant was absent by choice, lacked locus standi, and failed on interim relief.
Lebo Tebo Trading and Projects CC v Akani Building Solutions (Pty) Ltd (Reasons) (2024-033125) [2025] ZAGPPHC 231 (10 March 2025)
The High Court heard an urgent application to rescind a provisional liquidation order, found non-compliance with statutory requirements, and set the order aside.
Dineam Trade (Pty) Ltd v Sumali Investments 101 (Pty) Ltd (2022/54688) [2025] ZAGPJHC 116 (13 February 2025)
The court found that the applicant failed to establish reasonable prospects of success for leave to appeal against the dismissal of the provisional liquidation application. The respondent provided sufficient security for the alleged debt, and the applicant had collected rental from the property for a decade, undermining its claim for refund. The alleged fraud was not substantiated, and the inability to transfer ownership did not constitute fraud. The court emphasized that liquidation proceedings should not be used as a debt collection mechanism where the debt is bona fide disputed. The legal…
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Sana Developers and Another v Nedbank Limited (Leave to Appeal) (2023/080710) [2025] ZAGPJHC 97 (10 February 2025)
The High Court dismissed leave to appeal against a provisional liquidation order, finding no reasonable prospect of success and no appealable final order.
Kanivest 3146 CC and Another v Petatype (Pty) Ltd (Leave to Appeal) (051018/24) [2025] ZAGPJHC 91 (5 February 2025)
The High Court refused leave to appeal against a provisional liquidation order, finding no reasonable prospects of success and no proper basis for postponement.
Singh v Tippertech Proprietary Limited and Another (7987/2024P) [2025] ZAKZPHC 5 (21 January 2025)
The court found that the applicant failed to establish a reasonable prospect for rescuing the respondent company as required by section 131(4)(a) of the Companies Act. The applicant's case was undermined by material non-disclosures and misrepresentations regarding the surrender of assets and the existence of new contracts. The only financial particulars provided were vague and unsupported by documentation. The applicant did not comply with procedural requirements for notice to affected persons and failed to deliver a replying affidavit to rebut serious allegations of dishonesty. The court acc…
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Business Partners Limited v Companies and Intellectual Properties Commission of South Africa and Others (14388/2024) [2024] ZAWCHC 402 (29 November 2024)
The court found that Don Mo Property (Pty) Ltd was unable to pay its debts as envisaged in section 344 of the Companies Act, read with section 345(1)(c), due to breaches of loan agreements, failure to file annual returns, and non-payment of municipal rates and taxes. The directors lacked authority to oppose the liquidation application on behalf of Don Mo, as no shareholder resolution was passed as required by the Memorandum of Incorporation. The Badenhorst rule was applied, and the court determined that the debts were not bona fide disputed on reasonable grounds. The directors' mismanagement…
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Tusk Financial Services (Pty) Ltd and Another v 87 Civil (Pty) Ltd (18392/2024) [2024] ZAWCHC 314 (16 October 2024)
The court found that the applicants had complied with all statutory and procedural requirements for service and the application for provisional liquidation. Service at the respondent's registered address, which also served as its domicilium address, was valid and effective under the Uniform Rules and the Companies Act. The respondent's explanation for not receiving notice was found to be inadequate and unsupported by affidavit evidence from its directors. The respondent failed to provide a substantive reason for postponement and did not dispute its indebtedness. The court held that the respon…
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