South Africa Case Law

RM Beton CC v RCS Formcon (Pty) Ltd (3063/2021)

RM Beton CC v RCS Formcon (Pty) Ltd (3063/2021) [2022] ZAFSHC 71 (4 February 2022)

Court

Free State High Court, Bloemfontein

Case number

3063/2021

Judge

Daniso

The court found that the respondent's refusal to pay the applicant's account was not based on legitimate or bona fide grounds. The respondent's alleged counterclaim was not supported by any instituted action and did not constitute a genuine dispute of the debt. The respondent had acknowledged the debt and its inability to pay at the time it was due. The applicant was not required to prove insolvency, and the respondent's financial statements did not negate its admission of inability to pay. The statutory letter of demand was deemed properly delivered, as the respondent had received and replie…

Source excerpt

• Winding Up Of Company
• Statutory Letter Of Demand
• Company Insolvency
• Counterclaim Defence

Engen Petroleum Limited v Plastic Brown Containers (Pty) Ltd (11693/2014)

Engen Petroleum Limited v Plastic Brown Containers (Pty) Ltd (11693/2014) [2016] ZAKZDHC 20 (10 May 2016)

Court

Kwazulu-Natal High Court, Durban

Case number

11693/2014

Judge

Mbatha

The High Court confirmed the provisional winding-up of Plastic Brown Containers after finding Engen proved an unpaid liquidated debt and no bona fide dispute.

• Company Liquidation
• Creditor Claim
• Balance Of Probabilities
• Statutory Letter Of Demand
• Bona Fide Dispute
• Company-liquidation