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South Africa decisions
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Khumalo Engineering (Pty) Ltd v Step Up Engineering (Pty) Ltd (075138-2023) [2025] ZAGPPHC 182 (27 February 2025)
The High Court granted provisional liquidation against Step Up Engineering after finding that Khumalo Engineering had established an unpaid debt and no bona fide dispute.
Dongastro Emperio (Pty) Ltd v SB Guarantee Company (RF) (Pty) Ltd and Others (2023-059459) [2024] ZAGPPHC 1300 (5 December 2024)
The High Court dismissed condonation for a late rescission application, but extended a liquidation rule nisi because employee service had not been proved.
IPP Mining and Materials Handling (Pty) Ltd v Keaton Mining (Pty) Ltd (2023/101248) [2024] ZAGPPHC 200 (27 February 2024)
The court found that the respondent failed to pay its debts after proper delivery of a section 345 notice, establishing grounds for liquidation. The respondent's urgent business rescue application was not properly issued and served in accordance with section 131(6) of the Companies Act 71 of 2008, as it was filed from the incorrect division, lacked a case number, and did not provide proof of service to all affected persons. The Supreme Court of Appeal in Lutchman clarified that strict compliance with service and notification requirements is necessary to suspend liquidation proceedings. The re…
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DH Construction Technologies CC v Chad Construction (45546/17) [2020] ZAGPPHC 40 (19 February 2020)
The court granted final winding-up relief, finding the respondent’s disputes over invoice 1029 and arrear rental were not bona fide or reasonable.
Diesel Direct (Pty) Ltd t/a Xfuels v Excodor 37 t/a Total Vaalwater (3605/2018) [2020] ZALMPPHC 3 (28 January 2020)
High Court winding-up application granted after the respondent failed to pay a claimed debt and did not show a bona fide dispute on the papers.
Standard Bank of South Africa Ltd v ERF 289 Bantry Bay (18997/2008) [2008] ZAWCHC 303 (21 November 2008)
The court found that the applicant had satisfied the requirements for a provisional winding-up order. The respondent did not dispute the debt and failed to provide any proper defence to the claim of commercial insolvency. The section 345 notice was served and elicited no adequate response. The objection to urgency was rejected, as urgency is determined by the court's discretion and the procedural history demonstrated sufficient forbearance by the applicant. The respondent's attempt to postpone the matter was found to be unfounded and intended to delay proceedings. The existence of other litig…
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