Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Commercial And Corporate [2020] ZAGPJHC 381

Poly-Bag Industries CC t/a Johnson Agencies v Trio Bags (Pty) Ltd (31872/2019)

Poly-Bag Industries CC t/a Johnson Agencies v Trio Bags (Pty) Ltd (31872/2019) [2020] ZAGPJHC 381 (20 October 2020)

Court
South Gauteng High Court, Johannesburg
Case number
31872/2019
Judge
E.F. Dippenaar

The court found that the applicant failed to comply with statutory service requirements under s346(4A)(a) and s345(1)(a) of the Companies Act, as the application was not served on the respondent's employees or trade unions, nor at the registered office as required. The applicant provided no justification for non-compliance and did not seek a postponement to rectify the defect. On the merits, the applicant failed to establish that the respondent was unable to pay its debts or commercially insolvent, as there were factual disputes regarding the amount owed and repayment terms, and the documenta…

Source excerpt

  • Winding Up Of Companies
  • Statutory Service Requirements
  • Commercial Insolvency
  • Just And Equitable Winding Up
Read case analysis
Commercial And Corporate [2014] ZAGPJHC 203

Pilot Freight (Pty) Ltd v Von Landsberg Trading (Pty) Ltd (13/25839)

Pilot Freight (Pty) Ltd v Von Landsberg Trading (Pty) Ltd (13/25839) [2014] ZAGPJHC 203; 2015 (2) SA 550 (GJ) (25 July 2014)

Court
South Gauteng High Court, Johannesburg
Case number
13/25839
Judge
Kairinos AJ

The application for the winding up of the respondent failed due to the applicant's non-compliance with section 346(4A)(b) of the Companies Act, 1973, as no proper affidavit was filed by the person who furnished the application to the employees. Even if this non-compliance were not fatal, the application would fail on the merits because the respondent bona fide disputed the alleged indebtedness on reasonable grounds, including claims of overpayment, excessive interest, and lack of authority for the alleged settlement agreement. The respondent also raised an illiquid counterclaim, which, althou…

Source excerpt

  • Winding Up Of Companies
  • Statutory Service Requirements
  • Bona Fide Dispute Of Debt
  • Illiquid Counterclaim
  • Employee Notification
  • Abuse Of Process
Read case analysis

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.