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South Africa Case Law

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Commercial And Corporate [2024] ZAGPPHC 810

Lovely v Starbuck N.O and Others (42820/2023)

Lovely v Starbuck N.O and Others (42820/2023) [2024] ZAGPPHC 810 (13 August 2024)

Court
North Gauteng High Court, Pretoria
Case number
42820/2023
Judge
Woodrow

The applicant failed to make out a case for setting aside the final liquidation of Timana Properties. The founding affidavit did not provide sufficient facts to demonstrate that the continuance of the winding-up was unnecessary or undesirable. The applicant did not properly serve or join all creditors, failed to address the position and expenses of the liquidators, and did not provide evidence that all creditors were paid or that the company was solvent. The court found that Timana Properties remained insolvent, with significant deficiencies owed to Nedbank and Prevance Capital. The discretio…

Source excerpt

  • Company Liquidation
  • Setting Aside Winding Up
  • Creditor Rights
  • Court Discretion Under Companies Act
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Civil Procedure [2023] ZANWHC 227

Modisakeng v Bapho Ba Mogale Investments NPC and Others (M579/2023)

Modisakeng v Bapho Ba Mogale Investments NPC and Others (M579/2023) [2023] ZANWHC 227 (14 December 2023)

Court
North West High Court, Mafikeng
Case number
M579/2023
Judge
Petersen

The applicant, as the appointed representative of the sole shareholder, has locus standi to bring the application. All proven claims against Bapho Ba Mogale Investments NPC have been settled, and a surplus remains for the benefit of the community. The company holds valuable financial interests in dividend-yielding subsidiaries, and the applicant undertakes to ensure proper governance. The subsequent events demonstrate that the continuance of the winding-up is unnecessary and undesirable. The court exercises its discretion under section 354(1) of the Companies Act to set aside the winding-up o…

Source excerpt

  • Setting Aside Winding Up
  • Companies Act Section 354
  • Locus Standi
  • Liquidation Distribution
  • Shareholder Rights
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Commercial And Corporate [2021] ZAGPJHC 20

Nyhonyha and Others v Venter N.O and Others (35508/20)

Nyhonyha and Others v Venter N.O and Others (35508/20) [2021] ZAGPJHC 20; [2021] 2 All SA 507 (GJ) (22 January 2021)

Court
South Gauteng High Court, Johannesburg
Case number
35508/20
Judge
Vally

The court found that Regiments Capital (Pty) Ltd, after considering all assets including shareholdings in Coral, Kgoro, and Little River, is commercially solvent and able to pay all creditors, including SARS, once its tax assessment is issued. The applicants provided undertakings that related creditors would be paid only after external creditors and SARS are satisfied. The conduct of Regiments' directors and attorneys was criticised for lack of transparency and failure to comply with statutory obligations, but this did not preclude relief. The Tate report was found lacking in detail but, toge…

Source excerpt

  • Setting Aside Winding Up
  • Companies Act Section 354
  • Creditor Priority
  • Capital Gains Tax
  • Commercial Morality
  • Tax Assessment Liability
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Commercial And Corporate [1998] ZASCA 104

Strip Mining (Pty) Ltd v Natal Coal Exploration Company Ltd (In Liquidation) and Others (156/97)

Strip Mining (Pty) Ltd v Natal Coal Exploration Company Ltd (In Liquidation) and Others (156/97) [1998] ZASCA 104; 1999 (1) SA 1086 (SCA); (26 November 1998)

Court
Supreme Court of Appeal
Case number
156/97
Judges
Hefer, Smalberger, Zulman, Plewman, Farlam

The Supreme Court of Appeal held that the normal civil standard of proof applies to applications under section 354(1) of the Companies Act to set aside a voluntary winding-up, and not merely prima facie evidence. The appellant failed to establish locus standi as a creditor of Natal Coal, as the evidence did not show that a contract existed between the parties or that any debt was owed. The affidavits and documentation provided by the respondents, including financial statements and denials by relevant parties, were accepted as decisive. The appellant also failed to comply with statutory requir…

Source excerpt

  • Companies Act 1973
  • Voluntary Liquidation
  • Setting Aside Winding Up
  • Creditor Locus Standi
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.