South Africa Case Law

GCC Engineering (Pty) Ltd and Others v Maroos and Others (901/2017)

GCC Engineering (Pty) Ltd and Others v Maroos and Others (901/2017) [2018] ZASCA 178; 2019 (2) SA 379 (SCA) (3 December 2018)

Court

Supreme Court of Appeal

Case number

901/2017

Judges

Cachalia, Seriti, Molemela, Schippers, Mothle

The Supreme Court of Appeal held that section 131(6) of the Companies Act 71 of 2008 suspends only the process of liquidation proceedings, not the winding-up order itself or the appointment and powers of provisional liquidators. The directors of a company in liquidation lose their management powers, which do not revert to them during the suspension period. There is no statutory or common law basis for re-vesting control and management in the directors once a winding-up order has been granted. The Master of the High Court has no role in business rescue proceedings and cannot be required to ove…

Source excerpt

• Business Rescue
• Liquidation Proceedings
• Powers Of Liquidators
• Companies Act
• Role Of Master
• Director Management

Steenkamp N.O and others v Liquidators of Monoceros Trading 111 C (19265/13)

Steenkamp N.O and others v Liquidators of Monoceros Trading 111 C (19265/13) [2014] ZAWCHC 82 (10 January 2014)

Court

Western Cape High Court, Cape Town

Case number

19265/13

Judge

Binns-Ward

The court refused to add the Master’s recommendations on liquidators’ legal fees and attorney appointments, and made no costs order against the Master.

• Liquidation Costs
• Role Of Master
• Conflict Of Interest
• Legal Fees In Winding Up
• Statutory Powers Of Liquidator
• Liquidation-costs