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South Africa Case Law

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Commercial And Corporate [2023] ZAGPPHC 1895

Investec Bank Limited v Big Business Innovations Group (Pty) Ltd (046686/2022)

Investec Bank Limited v Big Business Innovations Group (Pty) Ltd (046686/2022) [2023] ZAGPPHC 1895 (6 November 2023)

The High Court confirmed a provisional winding-up order against BIG, finding Investec proved inability to pay debts and that no bona fide defence was raised.

  • Company Liquidation
  • Unable To Pay Debts
  • Provisional Winding Up
  • Final Winding Up Order
  • Security Cession
  • Forensic Document Examination
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Commercial And Corporate [2023] ZAGPJHC 441

Trencon Construction (Pty) Ltd v Resilient Rock (Pty) Ltd (2022/0957)

Trencon Construction (Pty) Ltd v Resilient Rock (Pty) Ltd (2022/0957) [2023] ZAGPJHC 441 (9 May 2023)

The High Court granted provisional liquidation against the respondent company, finding the judgment debt undisputed and the statutory demand requirements met.

  • Company Liquidation
  • Unable To Pay Debts
  • Service On Trade Union
  • Provisional Liquidation
  • Court Discretion
  • Company-liquidation
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Commercial And Corporate [2023] ZAFSHC 87

Components only Proprietary Ltd v Joroy 0011 CC (4692/2022)

Components only Proprietary Ltd v Joroy 0011 CC (4692/2022) [2023] ZAFSHC 87 (22 March 2023)

The High Court granted provisional liquidation after finding the respondent failed to prove a bona fide agency defence and remained indebted after statutory demand.

  • Winding Up Of Close Corporation
  • Unable To Pay Debts
  • Agency Dispute
  • Statutory Demand
  • Provisional Liquidation
  • Winding-up-of-close-corporation
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Commercial And Corporate [2022] ZAMPMHC 3

Advent Oil (Pty) Ltd v Vuletjeni Trading & Projects (Pty) Ltd (4262/2019)

Advent Oil (Pty) Ltd v Vuletjeni Trading & Projects (Pty) Ltd (4262/2019) [2022] ZAMPMHC 3 (30 March 2022)

The court refused condonation for late filing and found the respondent unable to pay its debts, ordering provisional winding-up pending a rule nisi.

  • Winding Up Of Company
  • Unable To Pay Debts
  • Condonation Of Late Filing
  • Oral Agreement
  • Creditor Claim
  • Company-winding-up
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Commercial And Corporate [2021] ZAGPPHC 785

Evocatus Security Services SA (Pty) Limited v Ntamo Technologies (Pty) Limited (46328/2020)

Evocatus Security Services SA (Pty) Limited v Ntamo Technologies (Pty) Limited (46328/2020) [2021] ZAGPPHC 785 (9 November 2021)

The court found that the respondent's dispute regarding the debt was bona fide and based on reasonable grounds, specifically the requirement under the Service Level Agreements that payment would only be made if all required documentation, including timesheets, accompanied the invoices. The applicant failed to attach such documentation to its papers, and the respondent's defence was not merely a delaying tactic but a genuine dispute. Furthermore, the respondent demonstrated solvency by depositing the disputed amount into its attorney's trust account. The court exercised its discretion against…

  • Company Liquidation
  • Unable To Pay Debts
  • Statutory Demand
  • Bona Fide Dispute
  • Service Level Agreement
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Commercial And Corporate [2020] ZAECPEHC 27

Scheffer v Art Holdings International (Pty) Ltd t/a Georgiou Future Investments (3463/2019)

Scheffer v Art Holdings International (Pty) Ltd t/a Georgiou Future Investments (3463/2019) [2020] ZAECPEHC 27 (31 July 2020)

High Court provisional winding-up application granted after the respondent failed to justify withholding proceeds from the sale of a vehicle.

  • Company Winding Up
  • Unable To Pay Debts
  • Provisional Liquidation
  • Security For Costs
  • Company-winding-up
  • Unable-to-pay-debts
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Commercial And Corporate [2020] ZAWCHC 100

Bester NO and Others v Legato Versorgingsoord CC (465/20)

Bester NO and Others v Legato Versorgingsoord CC (465/20) [2020] ZAWCHC 100 (22 May 2020)

The High Court granted provisional liquidation of a close corporation after finding a prima facie debt, no bona fide dispute, and inability to pay debts.

  • Provisional Liquidation
  • Unable To Pay Debts
  • Close Corporation Liquidation
  • Locus Standi
  • Bona Fide Dispute Of Debt
  • Provisional-liquidation
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Commercial And Corporate [2020] ZANWHC 7

Jumalu Fencing (Pty) Ltd v Tshwaragenelwe Construction (M3/2019)

Jumalu Fencing (Pty) Ltd v Tshwaragenelwe Construction (M3/2019) [2020] ZANWHC 7 (21 February 2020)

The High Court confirmed a final winding-up order after finding no bona fide dispute of debt and no proof supporting the respondent’s solvency.

  • Company Liquidation
  • Unable To Pay Debts
  • Just And Equitable Winding Up
  • Bona Fide Dispute Of Fact
  • Company-liquidation
  • Winding-up
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Commercial And Corporate [2018] ZAFSHC 149

Gapp Architects and Urban Designers Proprietary Limited v Environmental Process and Mining Consultants Proprietary Limited (388/2018)

Gapp Architects and Urban Designers Proprietary Limited v Environmental Process and Mining Consultants Proprietary Limited (388/2018) [2018] ZAFSHC 149 (11 September 2018)

The High Court granted a provisional winding-up order after finding the respondent had not shown a bona fide dispute about liability for unpaid invoices.

  • Company Winding Up
  • Unable To Pay Debts
  • Agency Dispute
  • Jurisdiction Under Companies Act
  • Company-winding-up
  • Unable-to-pay-debts
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Commercial And Corporate [2017] ZAGPPHC 844

Firstrand Bank Limited t/a Wesbank v Luvhomba Legal Axe CC (67452/2015)

Firstrand Bank Limited t/a Wesbank v Luvhomba Legal Axe CC (67452/2015) [2017] ZAGPPHC 844 (3 November 2017)

The High Court granted final winding-up of a close corporation after finding the creditor had shown prima facie indebtedness and the respondent raised only bare denials.

  • Winding Up Of Close Corporation
  • Unable To Pay Debts
  • Bare Denial
  • Certificate Of Balance
  • Proof Of Indebtedness
  • Winding-up
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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.