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South Africa Case Law

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Civil Procedure [2013] ZAWCHC 213

Van Der Merwe v Duraline (Proprietary) Limited (7344/2013)

Van Der Merwe v Duraline (Proprietary) Limited (7344/2013) [2013] ZAWCHC 213 (23 August 2013)

Court
Western Cape High Court, Cape Town
Case number
7344/2013
Judge
Gamble

The Court held that, despite the repeal of the Companies Act 61 of 1973, its Chapter 14 continues to govern the winding-up of insolvent companies under the transitional provisions of the Companies Act 71 of 2008. This preserves the dual jurisdiction regime, allowing creditors to approach either the court where the registered office or the principal place of business is located. The Court rejected the restrictive interpretation in Sibakhulu Construction v Wedgewood Village Golf Country Estate (Pty) Ltd, finding that the New Act's definition of 'Court' applies only to business rescue proceeding…

Source excerpt

  • Company Liquidation
  • Jurisdiction Of High Court
  • Transitional Provisions Companies Act
  • Registered Office Vs Principal Place
  • Creditor Entitlement
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Commercial And Corporate [2012] ZAKZDHC 69

Standard Bank of South Africa Ltd v R-Bay Logistics CC (4165/2012)

Standard Bank of South Africa Ltd v R-Bay Logistics CC (4165/2012) [2012] ZAKZDHC 69; [2013] 1 All SA 364 (KZD); 2013 (2) SA 295 (KZD) (31 October 2012)

Court
Kwazulu-Natal High Court, Durban
Case number
4165/2012
Judge
J.C. King

The court held that the winding-up of close corporations remains governed by Chapter 14 of the old Companies Act, as preserved by Item 9 of Schedule 5 to the new Companies Act, until alternative legislation is enacted. The term 'insolvent' in this context includes both actual and commercial insolvency. Standard Bank established its locus standi as a creditor and proved that R-Bay failed to pay, secure, or compound for the demanded amounts within the statutory period, thereby being deemed unable to pay its debts. The respondent's dispute regarding indebtedness was found not to be bona fide or…

Source excerpt

  • Winding Up Of Close Corporations
  • Commercial Insolvency
  • Creditor Locus Standi
  • Disputed Indebtedness
  • Onus Of Proof
  • Transitional Provisions Companies Act
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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.