Groom v Dailmer Fleet Management and Others (JS1036/18) [2025] ZALCJHB 127 (26 March 2025)
Court
Labour Court Johannesburg
Case number
JS1036/18
Judge
S. B. Radebe
The Labour Court revived an archived referral, finding good cause based on related litigation, the respondents’ conduct, and the applicant’s explanation for delay.
Semela and Another v Gauteng Department of Economic Development and Others (J590/21) [2023] ZALCJHB 284 (17 October 2023)
Court
Labour Court Johannesburg
Case number
J590/21
Judge
M T M Phehane
The court found that the applicants were not entitled to revive the rule nisi that had been discharged by agreement between the parties and under different circumstances. The relief sought was not to find the respondents guilty of contempt, but to revive the previous contempt application, which was procedurally incorrect. The applicants failed to launch a fresh contempt of court application against the current respondents for alleged non-compliance with the Mkwibiso AJ order. The circumstances required a new application, not a revival of the discharged rule nisi. The court held that the requi…
Motala and Others v Master of the High Court and Others (313/13) [2013] ZASCA 185; [2014] 2 All SA 154 (SCA) (29 November 2013)
Court
Supreme Court of Appeal
Case number
313/13
Judges
Brand, Tshiqi, Wallis, Willis, Van der Merwe
The court held that even if section 420 of the Companies Act could be interpreted to revive proceedings commenced prior to dissolution, the application must fail because the appellants did not demonstrate that the avoidance of dissolution would serve the interests of creditors. There was no evidence that creditors supported the application or were aware of the litigation. The claim was speculative, and the liquidators failed to provide a satisfactory explanation for the dissolution while litigation was ongoing. The prejudice to the respondents from resuming litigation after many years was sig…