South Africa Case Law

Homii Lifestye (Pty) Ltd and Another v Unemployment Insurance Fund and Another (Appeal) (134443/2023)

Homii Lifestye (Pty) Ltd and Another v Unemployment Insurance Fund and Another (Appeal) (134443/2023) [2025] ZAGPJHC 640 (17 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

134443/2023

Judges

Brand, Mlambo, Barnardt

The Court held that the appellants could not be granted leave to rely on section 45 of the Companies Act or introduce new evidence on appeal, as the defence was not covered by the pleadings, its admission would be unfair to the respondents, and it was not in the interests of justice. The evidence sought to be introduced was not shown to be true on its face and lacked a cogent explanation for its late introduction. Regarding the section 18(3) enforcement order, the Court found that exceptional circumstances existed due to the public nature of the UIF and PIC, the risk to substantial public fun…

Source excerpt

• Enforcement Pending Appeal
• Section 18 Superior Courts Act
• Financial Assistance By Company
• Section 45 Companies Act
• Introduction Of New Evidence On Appeal

Alternative Finance Solutions (Pty) Ltd v Master of the Free State High Court, Bloemfontein and Others (Application for Leave to Appeal) (4006/2024)

Alternative Finance Solutions (Pty) Ltd v Master of the Free State High Court, Bloemfontein and Others (Application for Leave to Appeal) (4006/2024) [2025] ZAFSHC 99 (27 March 2025)

Court

Free State High Court, Bloemfontein

Case number

4006/2024

Judges

Daffue, S. Grobler

The High Court dismissed an application for leave to appeal, finding no basis to revisit its earlier ruling on claim 17, discretion, or alleged irregularity.

• Leave To Appeal
• Liquidation Claims
• Exercise Of Discretion
• Section 45 Companies Act
• Costs Award
• Leave-to-appeal