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South Africa decisions
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Absa Bank Limited v PP Mare Boerdery (Pty) Ltd (8655/2023) [2025] ZALMPPHC 53 (25 March 2025)
The High Court granted a provisional winding-up order against a surety company, finding a prima facie case of commercial insolvency and no bona fide dispute.
Topfix (Pty) Ltd v Go Business (Pty) Ltd and Another (020590/2024) [2025] ZAGPPHC 115 (30 January 2025)
The High Court granted Topfix a provisional winding-up order against Go Business, finding a prima facie debt, commercial insolvency, and a just-and-equitable basis.
Standard Bank of South Africa Limited v Khewija Engineering and Construction (Pty) Limited (2022/16061) [2025] ZAGPJHC 5 (10 January 2025)
The court held that it does not have the power to grant a final liquidation order in circumstances where a provisional winding-up order has already been granted in another division of the High Court. Section 347(5) of the Companies Act expressly prohibits the granting of a final winding-up order where a company is already being wound up by order of court within the Republic. The existence of the provisional order in the Middelburg High Court means the respondent company is already being wound up, and the present application cannot proceed to final order unless the provisional order is dischar…
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Scania Finance Southern Africa (Pty) Ltd v Mathafeng Investment Holdings (Pty) Ltd (Leave to Appeal) (65023/2020) [2024] ZAGPPHC 1162 (12 November 2024)
The High Court dismissed an application for leave to appeal against a provisional winding-up order, finding no reasonable prospects of success.
Jooste v iGrow Real Estate (Pty) Ltd (16801/2024) [2024] ZAWCHC 360 (11 November 2024)
The court found that the respondent had established a bona fide and reasonable defence to the applicant's claim, namely that a set-off agreement existed whereby the applicant's commission claims were extinguished by losses incurred in property developments managed by her spouse. The applicant and her spouse's belated denial of the oral agreement was found to lack credibility, given their prior conduct and correspondence. The applicant's reliance on statutory provisions such as s 23(2) of the Insolvency Act, s 34(1) of the Basic Conditions of Employment Act, and s 15(3)(b) of the Matrimonial P…
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Van Der Heever and Another v Bronx Mining And Investment (Pty) Ltd (2021/29817) [2024] ZAGPJHC 636 (10 July 2024)
The High Court extended a rule nisi in a provisional winding-up matter, allowing a proposed compromise to proceed. It also granted one creditor's intervention and dismissed another.
Seaview Developments CC v Cornuti Savoy CC (50247/2021) [2024] ZAGPJHC 649 (3 July 2024)
The court found that the applicant had established a prima facie case of indebtedness for arrear rental and municipal charges, and that the statutory demand was properly served for debts due and payable. The respondent failed to provide convincing evidence of solvency or to dispute the debt on bona fide and reasonable grounds. The business rescue application was not 'made' as required by s 131(6) of the Companies Act, because notice was not given to all affected persons, specifically employees, who are presumed to be employees under the Labour Relations Act regardless of contract form. Theref…
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Dupont NO and Others and Lehlobo's Trading and Enterprise (Pty) Ltd ta Lehlobo Auto Body Repairs and Others - Leave to Appeal (123253/2023) [2024] ZAGPJHC 608 (1 July 2024)
The High Court dismissed leave to appeal against orders setting aside business rescue and granting provisional winding-up, finding no reasonable prospect of success.
Preference Capital (Pty) Ltd v Nomageba Trading CC and Others (2024/031809) [2024] ZAGPPHC 419 (8 May 2024)
The High Court set aside a company’s business rescue resolution and ordered provisional winding-up, finding no reasonable prospect of rescue and procedural non-compliance.
Investec Bank Limited v Big Business Innovations Group (Pty) Ltd (046686/2022) [2023] ZAGPPHC 1895 (6 November 2023)
The High Court confirmed a provisional winding-up order against BIG, finding Investec proved inability to pay debts and that no bona fide defence was raised.
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