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South Africa Case Law

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Commercial And Corporate [2008] ZAGPHC 133

Hillcrest Village (Pty) Ltd and Another v Waterkloofspruitprojects (Pty) Ltd and Others (4741/2006)

Hillcrest Village (Pty) Ltd and Another v Waterkloofspruitprojects (Pty) Ltd and Others (4741/2006) [2008] ZAGPHC 133 (29 April 2008)

Court
High Courts - Gauteng
Case number
4741/2006
Judge
Mavundla

The court found that both applicants, as sureties and cessionaries, have a sufficient legal interest to seek relief under section 420 of the Companies Act. The applicants established a prima facie case of irregularity, mala fides, and possible fraud in the liquidation process, including the sale of assets at nominal value without proper advertisement and the failure of liquidators to act in the best interests of creditors. The court held that denying the applicants standing would be inconsistent with section 34 of the Constitution, especially where the liquidators themselves are implicated in…

Source excerpt

  • Company Liquidation
  • Locus Standi
  • Fiduciary Duties Of Liquidators
  • Fraud And Mala Fides
  • Reopening Liquidation Account
  • Costs De Bonis Propriis
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Civil Procedure [2007] ZAGPHC 274

PG Bison Limited v Johannesburg Glassworks (Pty) Ltd (In Liquidation) and Others (A5050/06)

PG Bison Limited v Johannesburg Glassworks (Pty) Ltd (In Liquidation) and Others (A5050/06) [2007] ZAGPHC 274; [2008] 1 All SA 473 (W) (16 November 2007)

Court
High Courts - Gauteng
Case number
A5050/06
Judge
Moshidi

The court found that the appellant was properly notified of the Master's decision to expunge its claim and failed to act within a reasonable time, resulting in an unreasonable delay in seeking review. The presumption of service by registered mail applied, and the appellant did not provide sufficient evidence to rebut this. The Master acted within his administrative powers under section 45(3) of the Insolvency Act by expunging the claim, which did not amount to setting aside the underlying disposition. The appellant did not establish grounds such as justus error or fraud to justify reopening t…

Source excerpt

  • Expungement Of Claims
  • Voidable Dispositions
  • Review Of Administrative Action
  • Insolvency Act Section 45
  • Promotion Of Administrative Justice Act
  • Reopening Liquidation Account
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.