South Africa Case Law

Swart and Others v Fourie and Others (2488/2017)

Swart and Others v Fourie and Others (2488/2017) [2017] ZAWCHC 58 (22 May 2017)

Court

Western Cape High Court, Cape Town

Case number

2488/2017

Judge

A.G. Binns-Ward

The court found that the subpoenas issued under section 414 of the Companies Act were overbroad and that the presiding officer failed to apply his mind sufficiently to their scope and justification. The absence of a written request and the lack of specificity in the subpoenas rendered them legally invalid. Regarding the application to stay the examination under section 415, the court held that the applicants misconceived their remedy by not raising concerns of abuse with the presiding officer, who is the primary safeguard against oppressive conduct. The jurisprudence establishes that liquidat…

Source excerpt

• Liquidation Procedure
• Examination Of Directors
• Subpoena Validity
• Conflict Of Interest
• Judicial Supervision

Nyathi and Others v Cloete NO and Others (2012/7667)

Nyathi and Others v Cloete NO and Others (2012/7667) [2012] ZAGPJHC 154; 2012 (6) SA 631 (GSJ) (7 September 2012)

Court

South Gauteng High Court, Johannesburg

Case number

2012/7667

Judge

FHD Van Oosten

High Court review of a liquidation enquiry ruling: oral examination was preferred over written interrogatories, subpoenas were upheld, and punitive costs were ordered.

• Companies Act 1973
• Liquidation Enquiry
• Commissioner Discretion
• Subpoena Validity
• Oral Vs Written Interrogatories
• Liquidation-enquiry