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
2 court collections
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
Civil Procedure [2023] ZAGPJHC 760

Khewija Engineering and Construction (Pty) Ltd v Van Den Steen NO and Another (12760/2021)

Khewija Engineering and Construction (Pty) Ltd v Van Den Steen NO and Another (12760/2021) [2023] ZAGPJHC 760 (4 July 2023)

Court
South Gauteng High Court, Johannesburg
Case number
12760/2021
Judge
P H Malungana

The court found that Khewija failed to establish a prima facie case for a genuine counterclaim with reasonable prospects of success. The applicant's indebtedness to Group Five was confirmed by written undertakings and correspondence, and the counterclaim was only raised after repeated defaults and rejection of settlement proposals. Khewija did not comply with the contractual requirements for notifying defects and referring disputes for adjudication prior to arbitration. The application to uplift the statutory moratorium and stay the liquidation was not bona fide and would undermine the purpos…

Source excerpt

  • Business Rescue Moratorium
  • Stay Of Liquidation
  • Arbitration Act Section 6
  • Counterclaim In Liquidation
  • Contractual Damages
  • Companies Act Section 345
Read case analysis
Civil Procedure [2009] ZANCHC 32

BRC-Diamondcore Limited v River Corporate Finance (Pty) Ltd and Another, River Corporate Finance (Pty) Ltd v Diamond Core Resources (Pty) Ltd (642/2009)

BRC-Diamondcore Limited v River Corporate Finance (Pty) Ltd and Another, River Corporate Finance (Pty) Ltd v Diamond Core Resources (Pty) Ltd (642/2009) [2009] ZANCHC 32 (17 July 2009)

Court
Northern Cape High Court, Kimberley
Case number
642/2009
Judge
J I Henriques

The court found that BRC-Diamondcore Limited failed to discharge the onus required under section 354(1) of the Companies Act to justify a stay or setting aside of the winding-up order. The agreement with KIG Mining PLC was subject to suspensive conditions, and Diamond Core Resources (Pty) Ltd was not a party to the agreement nor guaranteed to receive the proceeds. BRC did not provide a satisfactory explanation for not opposing the original winding-up order or intervening earlier. The urgency of the applications was not justified, and the interests of creditors were not adequately considered.…

Source excerpt

  • Winding Up Proceedings
  • Stay Of Liquidation
  • Urgent Interdict
  • Locus Standi
  • Solvency
  • Appeal 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.