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South Africa Case Law

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Civil Procedure [2024] ZAGPJHC 972

Hendricks Holding (Pty) Ltd v PHP Armed Response (Pty) Ltd (2022/043254)

Hendricks Holding (Pty) Ltd v PHP Armed Response (Pty) Ltd (2022/043254) [2024] ZAGPJHC 972 (30 September 2024)

The High Court held that the action was deemed abandoned under section 359 after winding-up, so the second defendant was not entitled to discovery.

  • Discovery Procedure
  • Winding Up
  • Abandonment Of Action
  • Costs Award
  • Section 359 Companies Act
  • Discovery-procedure
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Civil Procedure [2015] ZAGPPHC 376

Xanadu Properties 234 (Pty) Ltd v Absa Bank Limited (12069/2012)

Xanadu Properties 234 (Pty) Ltd v Absa Bank Limited (12069/2012) [2015] ZAGPPHC 376 (20 May 2015)

The High Court rescinded a default judgment against a company because it had been granted while the company was under winding-up, contrary to section 359(1) of the Companies Act 1973.

  • Rescission Of Judgment
  • Company Deregistration
  • Winding Up Proceedings
  • Section 359 Companies Act
  • Rescission-of-judgment
  • Company-deregistration
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Labour Law [2009] ZALAC 19

Keevy NO v National Union of Metal Workers of South Africa and Others (JA69/06)

Keevy NO v National Union of Metal Workers of South Africa and Others (JA69/06) [2009] ZALAC 19; (2010) 31 ILJ 354 (LAC) (18 November 2009)

The Labour Appeal Court reinstated and upheld an appeal against refusal of a postponement where the respondent employer was in liquidation and statutory notice was defective.

  • Liquidation Proceedings
  • Postponement Of Trial
  • Locus Standi
  • Section 359 Companies Act
  • Condonation For Late Filing
  • Liquidation-proceedings
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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.