South Africa Case Law

HR Computek (Pty) Ltd v Dr WAA Gouws (Johannesburg) (Pty) Ltd and Others (2019/38193)

HR Computek (Pty) Ltd v Dr WAA Gouws (Johannesburg) (Pty) Ltd and Others (2019/38193) [2023] ZAGPJHC 844; 2023 (6) SA 268 (GJ) (12 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2019/38193

Judge

P Coppin

The court held that the applicant company, through its sole director, was entitled to bring an application for rescission of the winding-up orders granted in its absence, without the co-operation of the liquidators. The reasoning in Praetor and Storti was endorsed, confirming that directors retain residual powers to act for the company in such circumstances. The Supreme Court of Appeal in Ward did not preclude such applications, and dicta to the contrary in Impac and Ragavan are incorrect or obiter. The opposition by the first respondent was found to be unauthorised, as the resolution relied…

Source excerpt

• Company Liquidation
• Locus Standi
• Board Residual Powers
• Resolution Authorisation
• Common Law Rescission
• Rule 42 Application

Public and Allied Workers Union of South Africa v George and Others (14292/2008)

Public and Allied Workers Union of South Africa v George and Others (14292/2008) [2008] ZAWCHC 261 (5 September 2008)

Court

Western Cape High Court, Cape Town

Case number

14292/2008

Judge

Fourie

The court dismissed an urgent application by a union after finding no valid authority or quorum under its constitution to suspend members or launch proceedings.

• Authority To Institute Proceedings
• Union Constitutional Compliance
• Interim Interdict
• Resolution Authorisation
• Authority-to-institute-proceedings
• Union-constitutional-compliance