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South Africa decisions
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Geldenhuys and Others v Orthotouch Limited and Others (42334/2014) [2025] ZAGPJHC 743 (24 July 2025)
The High Court dismissed an amendment and rescission application challenging a 2014 scheme of arrangement, finding no erroneous grant or material non-disclosure.
Dr Waa Gouws (Johannesburg) v HR Computek (Pty) Ltd and Others (909/2023) [2025] ZASCA 103 (15 July 2025)
The Supreme Court of Appeal held that section 354(1) of the Companies Act does not exclude the common law rights of a company or its directors to apply for rescission of a winding-up order. The directors retain residual powers to act on behalf of the company in liquidation, including challenging or appealing winding-up orders, without the cooperation of liquidators. The application for rescission may be brought under common law or Rule 42(1)(a) of the Uniform Rules of Court, which is not restricted to liquidators, creditors, or members. The high court was correct in finding that HR Computek h…
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Atlas Plant Hire (Pty) Ltd v Stapelberg N.O and Others (JR 86/19) [2025] ZALCJHB 295 (30 June 2025)
The court found that the applicant's absence at the hearing was due to a procedural error by the Registrar, who sent notice to the wrong email address. This justified rescission of the dismissal order under established case law. However, the review application had lapsed due to non-compliance with section 11.2.7 of the Practice Manual, as the record was filed out of time and no reinstatement application was made. The court therefore granted rescission of the dismissal order but held that the review application is deemed lapsed and must be archived. The Third Respondent is entitled to execute…
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Braai Block (Pty) Ltd v National Consumer Commission (NCT-384960-2025-165 - Rule 34) [2025] ZANCT 32 (18 June 2025)
The Tribunal refused condonation for Braai Block (Pty) Ltd’s late rescission application, finding the delay excessive, unexplained, and lacking prospects of success.
Meropa Leisure and Entertainment (Pty) Ltd t/a Sun Meropa v Rejasimano Trading (Pty) Ltd t/a Marimba Restaurant and Another (08060/2025) [2025] ZALMPPHC 105 (2 June 2025)
The High Court set aside an ex parte interim order after finding the respondents had not made full and frank disclosure and had not shown exceptional urgency.
Lambrakis v Taliakis and Another (2025/059253) [2025] ZAGPJHC 542 (28 May 2025)
The court struck an urgent application off the roll, finding the applicant failed to show that substantial redress would not be available in due course.
South African Reserve Bank v YWBN Mutual Bank (2025/059995) [2025] ZAGPJHC 518 (23 May 2025)
The court found that service of the urgent name change application was ineffective and unprofessional, as it was effected outside business hours on the eve of a public holiday, resulting in SARB not being properly notified. The application could have been struck off for this reason alone. Furthermore, the order of 7 May 2025 was granted on an erroneous factual premise, as SARB had already made a decision on the name change request prior to the application, and YWBN failed to disclose this fact. Additionally, YWBN did not comply with section 35 of the Banks Act, which requires specific procedu…
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Matlhatse Trading Enterprise CC v Body Corporate of Bateleur and Others (59894/2021) [2025] ZAGPPHC 463 (10 May 2025)
The court dismissed an application to rescind a final winding-up order, holding that section 354 of the Companies Act was the proper route and the company lacked locus standi.
Appollis and Another and Breede Valley Municipality and Others (09986/2025) [2025] ZAWCHC 138 (24 March 2025)
The court dismissed a rescission counterapplication, found the municipality failed to protect alternative accommodation land, and ordered it to provide suitable vacant land within 30 days.
GIWUSA obo Mbona and Others v Fouries Poultry Farm (Pty) Ltd t/a Chubby Chick (J1976/17) [2025] ZALCJHB 116; (2025) 46 ILJ 1177 (LC) (18 March 2025)
The Labour Court dismissed a rescission application, holding the applicant knowingly failed to oppose a Rule 11 application and showed no error justifying rescission.
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