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South Africa Case Law

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Commercial And Corporate [2024] ZAGPJHC 819

Firstrand Bank Limited v Stand 638 Kyalami Estates (Pty) Ltd (44573/2020)

Firstrand Bank Limited v Stand 638 Kyalami Estates (Pty) Ltd (44573/2020) [2024] ZAGPJHC 819 (22 August 2024)

Court
South Gauteng High Court, Johannesburg
Case number
44573/2020
Judge
TP Mudau

The applicant established, through undisputed evidence, that the respondent failed to pay a debt due and owing under a facility agreement and suretyship, despite proper notice in terms of section 345 of the Companies Act. The respondent's opposition was not properly authorised and lacked substantive evidence, including financial statements. The court found that the respondent's factual insolvency was demonstrated and that it is just and equitable to grant a provisional liquidation order to ensure proper investigation and equitable distribution among creditors. The respondent's arguments regar…

Source excerpt

  • Company Liquidation
  • Factual Insolvency
  • Suretyship
  • Section 344 Companies Act
  • Section 345 Companies Act
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Commercial And Corporate [2023] ZAGPPHC 1906

Bell Equipment SA Ltd v BZ Solutions Africa (Pty) Ltd (007896/2022)

Bell Equipment SA Ltd v BZ Solutions Africa (Pty) Ltd (007896/2022) [2023] ZAGPPHC 1906 (16 November 2023)

Court
North Gauteng High Court, Pretoria
Case number
007896/2022
Judge
Makhoba

The High Court granted a winding-up order after finding the respondent owed an unpaid balance for equipment and had not shown a bona fide dispute.

  • Winding Up Of Company
  • Commercial Insolvency
  • Bona Fide Dispute
  • Agency Relationship
  • Section 345 Companies Act
  • Winding-up-of-company
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Commercial And Corporate [2023] ZAGPJHC 1209

Boxfusion Holdings (Pty) Ltd v Afrimoola (Pty) Ltd (2022/013215)

Boxfusion Holdings (Pty) Ltd v Afrimoola (Pty) Ltd (2022/013215) [2023] ZAGPJHC 1209; - (16 October 2023)

Court
South Gauteng High Court, Johannesburg
Case number
2022/013215
Judge
Vally

The High Court granted a provisional winding-up order after finding Afrimoola failed to pay a due debt following a section 345 demand.

  • Winding Up Of Company
  • Acknowledgement Of Debt
  • Section 345 Companies Act
  • Arbitration Clause
  • Strike Out Application
  • Provisional-winding-up
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Commercial And Corporate [2023] ZAGPJHC 22

African Unity Life Limited v Prosper Funeral Solutions (Pty) Ltd (2021/55922)

African Unity Life Limited v Prosper Funeral Solutions (Pty) Ltd (2021/55922) [2023] ZAGPJHC 22 (14 January 2023)

Court
South Gauteng High Court, Johannesburg
Case number
2021/55922
Judge
P V Ternent

The High Court granted provisional winding-up of a company that admitted owing R10 million, found no bona fide dispute, and held the late affidavit should be condoned.

  • Provisional Winding Up
  • Company Indebtedness
  • Commercial Insolvency
  • Abuse Of Process
  • Section 345 Companies Act
  • Condonation Of Late Filing
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Commercial And Corporate [2022] ZAGPJHC 382

Body Corporate of Candice Glades v Derrocks Attorneys and Another (2021 / 4629)

Body Corporate of Candice Glades v Derrocks Attorneys and Another (2021 / 4629) [2022] ZAGPJHC 382 (6 June 2022)

Court
South Gauteng High Court, Johannesburg
Case number
2021 / 4629
Judge
Molahlehi

The court found that the respondent was indebted to the applicant and failed to pay the amounts due under the overdraft and loan agreements. The respondent's defences regarding alleged overcharging and entitlement to unit trust proceeds were rejected as unfounded. The business rescue application did not suspend the liquidation proceedings because the statutory requirements for notification and service to all affected persons, including major creditors, were not met. The court held that strict compliance with section 131(6) of the Companies Act is required to trigger suspension, and in this ca…

Source excerpt

  • Winding Up Of Company
  • Business Rescue Suspension
  • Credit Facility Dispute
  • Section 131 Companies Act
  • Section 345 Companies Act
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Commercial And Corporate [2021] ZAGPJHC 154

ABSA Bank Limited v AA Diamonds (Pty) Limited (2019/29174)

ABSA Bank Limited v AA Diamonds (Pty) Limited (2019/29174) [2021] ZAGPJHC 154 (21 May 2021)

Court
South Gauteng High Court, Johannesburg
Case number
2019/29174
Judge
G. Ally

The High Court granted ABSA Bank’s application to finally wind up AA Diamonds (Pty) Limited, finding the statutory demand was proved and condonation was not justified.

  • Company Liquidation
  • Condonation
  • Loan Agreement Breach
  • Letter Of Demand
  • Section 345 Companies Act
  • Company-liquidation
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Commercial And Corporate [2021] ZAWCHC 29

New Approach Trading 73 CC v Precision Rigging Pty Ltd (15059/2020)

New Approach Trading 73 CC v Precision Rigging Pty Ltd (15059/2020) [2021] ZAWCHC 29 (19 February 2021)

Court
Western Cape High Court, Cape Town
Case number
15059/2020
Judge
A.G. Binns-Ward

The High Court dismissed a winding-up application after finding the company showed a bona fide and reasonable dispute about the alleged debt.

  • Company Liquidation
  • Bona Fide Dispute
  • Creditor Standing
  • Section 345 Companies Act
  • Company-liquidation
  • Bona-fide-dispute
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Commercial And Corporate [2021] ZAWCHC 26

Drakenstein Municipality v Castle Ultra 300 (Pty) Ltd ; Drakenstein Municipality v De Oude Paarl Trading (Pty) Ltd (9530/2020; 9531/2020)

Drakenstein Municipality v Castle Ultra 300 (Pty) Ltd ; Drakenstein Municipality v De Oude Paarl Trading (Pty) Ltd (9530/2020; 9531/2020) [2021] ZAWCHC 26 (16 February 2021)

Court
Western Cape High Court, Cape Town
Case number
9530/2020; 9531/2020
Judge
Binns-Ward

The High Court granted provisional winding-up orders against two related companies after finding the municipality had shown unpaid debt and no bona fide dispute.

  • Provisional Winding Up
  • Creditor Claim
  • Company Indebtedness
  • Section 345 Companies Act
  • Municipal Rates And Services
  • Provisional-winding-up
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Commercial And Corporate [2020] ZAWCHC 101

Bohnke NO and Others v JW Blue Construction Management (22866/2019)

Bohnke NO and Others v JW Blue Construction Management (22866/2019) [2020] ZAWCHC 101 (20 May 2020)

Court
Western Cape High Court, Cape Town
Case number
22866/2019
Judge
Hockey

The High Court granted provisional liquidation against the respondent for failing to pay an adjudicated debt under a JBCC agreement, rejecting abuse-of-process and pending-arbitration objections.

  • Provisional Liquidation
  • Enforcement Of Adjudicator Award
  • Jbcc Agreement
  • Section 345 Companies Act
  • Pacta Sunt Servanda
  • Provisional-liquidation
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Commercial And Corporate [2020] ZAGPPHC 163

DH Construction Technologies CC and Another v Chad Construction CC (45546-17)

DH Construction Technologies CC and Another v Chad Construction CC (45546-17) [2020] ZAGPPHC 163 (19 February 2020)

Court
North Gauteng High Court, Pretoria
Case number
45546/17
Judge
M Van Staden

The High Court granted final winding-up after finding the respondent’s disputes of both claims were not bona fide or reasonable.

  • Company Liquidation
  • Commercial Insolvency
  • Creditor Claims
  • Bona Fide Dispute
  • Section 345 Companies Act
  • Company-liquidation
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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.