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South Africa decisions
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Biccard N.O and Others v Ndwandwe and Others (2023-033422) [2024] ZAGPPHC 813 (19 August 2024)
The High Court dismissed an application to set aside a company’s voluntary winding up, finding the challenge rested on disputed hearsay and was brought too late.
Shivanand and Another v Krugkor Franchise (PTY) Ltd and Others (13634/2019) [2022] ZAGPJHC 474 (15 July 2022)
The High Court dismissed an application to set aside Shivcom CC’s winding-up, finding the fraud allegations vague and unsupported, with costs awarded.
Praescripto (Pty) Ltd v Van Der Merwe Du Toit Inc and Others (66839/12) [2014] ZAGPPHC 885 (12 November 2014)
The High Court dismissed Praescripto’s bid to set aside Mi-Tax’s winding up, finding the applicant had not shown grounds for rescission or properly addressed locus standi.
Ansafon (Pty) Ltd v Diamond Core Resources (Pty) ltd and Others (318/2010) [2010] ZANCHC 23 (18 June 2010)
The court found that the applicant, having acquired claims from proven creditors, qualifies as a creditor under section 354(1) of the Companies Act, even if it is a non-voting creditor. The absence of cession documents was not fatal, as the applicant provided proof of at least one cession and the liquidators did not unequivocally dispute the acquisition of claims. The court held that the ex parte procedure was not strictly necessary but did not result in prejudice, as no interim relief was sought and directions regarding notice and service were the main objective. The interests of justice req…
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