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South Africa Case Law

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Commercial And Corporate [2024] ZAGPPHC 813

Biccard N.O and Others v Ndwandwe and Others (2023-033422)

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.

  • Voluntary Winding Up
  • Shareholder Meeting Irregularity
  • Companies Act 1973
  • Setting Aside Liquidation
  • Costs Award
  • Voluntary-winding-up
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Civil Procedure [2020] ZAGPPHC 651

Hlatswayo and Another v Maake and Others (24833/20)

Hlatswayo and Another v Maake and Others (24833/20) [2020] ZAGPPHC 651 (11 September 2020)

The court found that the conduct of the first and sixth respondents triggered the urgent application, and the applicants were justified in approaching the court when no response was received from CIPC. However, once the applicants became aware that the relief sought had been achieved and the matter was moot, their refusal to withdraw the application resulted in unnecessary costs. The court held that the applicants are entitled to costs incurred up to 14 June 2020, but not thereafter, as any further costs were unnecessarily incurred. The respondents are ordered to pay the applicants' costs joi…

  • Director Removal
  • Shareholder Meeting Irregularity
  • Costs Award
  • Companies Act Section 61
  • Mootness
  • Urgent Application Procedure
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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.