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South Africa decisions
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Fleurmax Konstruksie (Pty) Ltd v Zacon Projects (Pty) Ltd (006278-2025) [2025] ZAGPPHC 502 (16 May 2025)
Unopposed winding-up application dismissed. The court found no proof of insolvency and held liquidation was not appropriate where instalment payment was proposed.
Morrison and Sons (Pty) Ltd v Post Desk (Pty) Ltd (2023-123698) [2025] ZAGPPHC 341 (28 March 2025)
The applicant established, on a balance of probabilities, that the respondent is unable to pay its debts as envisaged by section 345 of the Companies Act, 1973. The applicant complied with all procedural requirements, including proper service of the statutory demand at the respondent's registered address. The respondent's opposition was based on unsubstantiated denials and lacked material particularity, failing to raise a bona fide dispute of fact. The respondent did not provide credible evidence of payment or solvency, and its technical objections regarding the case number were without merit…
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Tusk Financial Services (Pty) Ltd and Another v 87 Civil (Pty) Ltd (18392/2024) [2024] ZAWCHC 314 (16 October 2024)
The court found that the applicants had complied with all statutory and procedural requirements for service and the application for provisional liquidation. Service at the respondent's registered address, which also served as its domicilium address, was valid and effective under the Uniform Rules and the Companies Act. The respondent's explanation for not receiving notice was found to be inadequate and unsupported by affidavit evidence from its directors. The respondent failed to provide a substantive reason for postponement and did not dispute its indebtedness. The court held that the respon…
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Scania Finance Southern Africa (Pty) Ltd v Hulk Haulers (Pty) Limited (D8414/2020) [2024] ZAKZDHC 58 (30 August 2024)
The High Court confirmed a provisional liquidation order and placed the respondent under final liquidation, finding the debt liquid and the dispute not bona fide.
Ridgeback Engineering Supplies (Pty) Ltd v Expert Machining and Engineering (Pty) Ltd (A2023/035929) [2024] ZAGPJHC 844 (30 August 2024)
The court dismissed a winding-up application, holding that the statutory demand did not comply with section 345 and that the debt was bona fide disputed.
Exceed Plant Trading CC v LKGA Construction & Projects 1 CC (2556/2024) [2024] ZAFSHC 230 (8 August 2024)
The applicant established that the respondent is commercially insolvent, having failed to pay admitted debts in excess of R 1.8 million for equipment rental, despite proper statutory demand and compliance with procedural requirements. The respondent did not respond to the demand, failed to provide evidence of assets, liabilities, or imminent payments, and did not raise a bona fide dispute on reasonable grounds regarding the admitted invoices. The court found that the applicant is entitled to a final liquidation order, as the respondent is unable to pay its debts and no credible basis exists t…
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Voltex (Pty) Ltd v EP Inland (Pty) Ltd (Formerly known as Edison Power Gauteng (Pty) Ltd) (D10784/2021) [2024] ZAKZDHC 49 (22 July 2024)
The court granted final liquidation because the respondent failed to show a bona fide dispute of the debt. Allegations of fraud and commercial bribery were speculative.
Seaview Developments CC v Cornuti Savoy CC (50247/2021) [2024] ZAGPJHC 649 (3 July 2024)
The court found that the applicant had established a prima facie case of indebtedness for arrear rental and municipal charges, and that the statutory demand was properly served for debts due and payable. The respondent failed to provide convincing evidence of solvency or to dispute the debt on bona fide and reasonable grounds. The business rescue application was not 'made' as required by s 131(6) of the Companies Act, because notice was not given to all affected persons, specifically employees, who are presumed to be employees under the Labour Relations Act regardless of contract form. Theref…
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Grenco Projects and Construction CC v Hermanus Esplanade Dev Co (Pty) Ltd (4260/2024) [2024] ZAWCHC 172; [2024] 3 All SA 504 (WCC); 2024 (6) SA 500 (WCC) (18 June 2024)
The court found that while the respondent bona fide disputes the claims underlying the JBCC payment certificates on reasonable grounds and these disputes are subject to pending arbitration, the JBCC contract specifically provides that adjudicator's determinations must be implemented pending arbitration. The payment certificates are not immune from dispute, but the contract compels payment unless and until overturned by arbitration. However, in the exercise of its discretion, the court considered the progression of the arbitration, the respondent's financial position, and the potential adverse…
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Mine Guniting CC v Reka Trade 1075 CC (3651/2022) [2024] ZAMPMHC 33 (30 May 2024)
The court found that the Applicant had complied with the statutory requirements for winding up under Section 69(1)(a) of the Close Corporation Act. The Respondent did not dispute its indebtedness, only the calculation of the amount, and failed to tender payment or security for the undisputed portion. The Respondent's challenge to the authority of the Applicant's attorneys was dismissed for procedural non-compliance. The National Credit Act was held not to apply, as the agreement was between juristic persons and the Respondent's turnover exceeded the threshold. The Respondent's allegations of…
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