Matsepe N.O. and Another v Venter and Another (4901/2015)
Matsepe N.O. and Another v Venter and Another (4901/2015) [2016] ZAFSHC 93 (21 April 2016)
The court found that the discharge of the provisional order for compulsory liquidation did not terminate the voluntary liquidation of Sebal Beleggings (EDMS) BPK, nor did it render the Daffue order a nullity. The status quo of voluntary liquidation was revived, and the applicants retained locus standi as liquidators. The Daffue order remained valid and operative, and the creditors' meeting held pursuant to it was lawful. The court further held that section 45 of the Insolvency Act was inadequate for the necessary investigation of creditor claims and that a commission of enquiry under section…
Source excerpt
- Company Liquidation
- Concursus Creditorum
- Commission Of Enquiry
- Powers Of Liquidator
- Section 417 And 418 Enquiry