South Africa Case Law

Prinsloo v The Master of the High Court and Others (28039/2017)

Prinsloo v The Master of the High Court and Others (28039/2017) [2021] ZAGPJHC 594 (3 November 2021)

Court

South Gauteng High Court, Johannesburg

Case number

28039/2017

Judge

E F Dippenaar

The court found that the liquidators failed to act independently and impartially, adopted a biased approach favouring the fifth respondent, and did not properly investigate the claims and assets of PMC Waterproofing and Roofing CC. The cumulative effect of their conduct, measured against their fiduciary obligations, justified their removal. The Master's decision to admit the claim of Stand 244 Hughes Ext 29 CC was set aside due to insufficient supporting documentation and lack of proper investigation, while the rejection of the applicant's claims was upheld as the claim forms were incomplete…

Source excerpt

• Removal Of Liquidators
• Promotion Of Administrative Justice Act
• Creditors Meetings
• Fiduciary Duties
• Review Of Master Decisions
• Company Winding Up

James and Another v Van der Westhuizen N.O and Others (66148/18)

James and Another v Van der Westhuizen N.O and Others (66148/18) [2020] ZAGPPHC 152 (27 January 2020)

Court

North Gauteng High Court, Pretoria

Case number

66148/18

Judge

C J Collis

The High Court dismissed an opposed application to stay a proven liquidation claim and remove liquidators, finding the creditors’ meeting process and appointments lawful.

• Liquidation Proceedings
• Proof Of Claims
• Removal Of Liquidators
• Summary Judgment
• Creditors Meeting
• Liquidation-proceedings

Intramed (Pty) Ltd (in liquidation) and Another v Standard Bank of South Africa Ltd and Others (629/06)

Intramed (Pty) Ltd (in liquidation) and Another v Standard Bank of South Africa Ltd and Others (629/06) [2007] ZASCA 141; [2007] SCA 141 (RSA); [2008] 2 All SA 394 (SCA); 2008 (2) SA 466 (SCA) (20 November 2007)

Court

Supreme Court of Appeal

Case number

629/06

Judges

Harms, Navsa, Lewis, Maya, Malan

The SCA held that Standard Bank remained a creditor of Intramed because interest ran from the proof-of-claim date, so it had standing to seek removal of the liquidators.

• Locus Standi
• Liquidation Proceedings
• Interest A Tempore Morae
• Creditor Rights
• Removal Of Liquidators
• Locus-standi