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South Africa decisions
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Paradise Creek Investments 34 (Pty) Limited v Zeelie N.O (A80/2022) [2024] ZAMPMBHC 23 (14 March 2024)
The High Court dismissed an appeal against a final winding-up order, holding that the creditor’s claim was not bona fide disputed and the enquiry was justified.
Matsepe N.O and Another v Kroons Gourmet Chickens (Pty0 Ltd and Others (A185/2020) [2023] ZAGPPHC 674 (24 July 2023)
The court held that although the respondents did not object to the inclusion of legal costs for the section 417 enquiry in their objection to the Master, this was because the relevant facts only became apparent in the affidavits filed during the review application. The issue was fully canvassed in the papers and argued before the court a quo, and the appellants conceded that such costs do not ordinarily form part of administration costs. Section 407(4)(a) empowers the court to make any order it deems fit, and the relief granted was covered by the prayer for further and/or alternative relief.…
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Timana Properties (Pty) Ltd v Nedbank Limited and Another (683/20) [2021] ZAGPPHC 274 (18 March 2021)
The court dismissed an application to stay a section 417 enquiry, finding the papers vague, the parties improperly joined, and Mr Timana without locus standi.
Freire Gaupo Garcao v Majiedt NO and Others, Majiedt NO and Others v Freire Gaupo Garcao and Others (1559/2012) [2013] ZANCHC 20 (28 June 2013)
The High Court postponed a liquidation-related application sine die pending review of a section 417 enquiry, finding the outcome materially affected the main case.
Papiyana and Others v Master of the High Court and Others (09/9061) [2010] ZAGPJHC 130 (10 December 2010)
The court upheld a section 417/418 enquiry into a company in liquidation, holding that provisional liquidators could seek it and that there was no abuse of process.
Investec Bank Ltd v Janse Van Rensburg (16798/2009, 19784/2009) [2010] ZAWCHC 209 (11 October 2010)
High Court granted final sequestration against a married couple after finding a plausible prospect that trustee investigation could uncover assets for creditors.
Siyanda Resources (Pty) Ltd and Another v Moloto NO; Mashile-Nkosi and Others v Moloto NO and Others (5955/2010, 06013/2010) [2010] ZAGPJHC 14 (26 March 2010)
The court held that the applicants, as members, witnesses, and the company whose affairs were to be investigated, had sufficient locus standi to challenge the ex parte order convening the section 417 enquiry. The liquidator acted without authority by failing to obtain directions from the company in general meeting, but this did not in itself nullify the proceedings. The section 417 enquiry was convened for an improper purpose, namely to investigate the affairs of Kalahari Resources, a separate juristic person, in order to value SMC's shares. The Companies Act does not authorise such an enquir…
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