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Palmer and Others v Engelbrecht and Others (9543/2009) [2010] ZAWCHC 107 (1 January 2010)
The court held that liquidators did not need creditor authority to seek subpoenas, but the magistrate’s warrant order was set aside because the warrants had lapsed.
Palmer and Others v Engelbreght and Others (9543/2009) [2010] ZAWCHC 352 (1 January 2010)
The court found that the liquidators acted within their statutory powers under the Companies Act when requesting subpoenas for the interrogation of the applicants. The magistrate was entitled to issue the subpoenas and, upon non-attendance, authorize warrants of arrest in terms of the Insolvency Act. The liquidators did not require a mandate from creditors to exercise these powers. The warrants of arrest, although authorized, were never issued and had lapsed as the relevant meeting had already taken place. The relief sought against the liquidators was not competent, and there was no basis for…
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