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TBP Building and Civils (Pty) Ltd (In Liquidation) v Shamla Chetty t/a Nationwide Electrical and Others (D4774/2019) [2025] ZAKZDHC 46 (17 July 2025)
The High Court upheld a bank-account attachment for costs, but modified it to reflect set-off between the parties’ taxed bills.
Dr Waa Gouws (Johannesburg) v HR Computek (Pty) Ltd and Others (909/2023) [2025] ZASCA 103 (15 July 2025)
The Supreme Court of Appeal held that section 354(1) of the Companies Act does not exclude the common law rights of a company or its directors to apply for rescission of a winding-up order. The directors retain residual powers to act on behalf of the company in liquidation, including challenging or appealing winding-up orders, without the cooperation of liquidators. The application for rescission may be brought under common law or Rule 42(1)(a) of the Uniform Rules of Court, which is not restricted to liquidators, creditors, or members. The high court was correct in finding that HR Computek h…
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MasterCard Foundation v Africa Founders Ventures NPC and Others (2025/067947) [2025] ZAGPJHC 685 (4 July 2025)
The court found that the business rescue resolution was invalid due to the failure to notify the applicant, a creditor and affected person, as required by section 129(3) of the Companies Act. The Foundation’s status as a creditor was established by its claim for repayment of rebranding costs and return of the Remaining Grant, both acknowledged by AFV. The practitioner’s conduct in using business rescue for an informal wind-down, refusing to terminate proceedings despite clear insolvency and lack of prospects for rescue, and disregarding legal authority constituted an abuse of process. The cou…
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Ungerer v Ferreira and Others (4475/2024) [2025] ZAECQBHC 13 (7 May 2025)
The court found that the relationship between the applicant and first respondent, while not a formal partnership, operated as a quasi-partnership, with mutual involvement in management, equal shareholding, and joint financial contributions. The first respondent's unilateral exclusion of the applicant from management, banking, and administrative functions, coupled with refusal to engage in a reasonable exit strategy and imposition of unfair conditions, constituted oppressive and unfairly prejudicial conduct under section 163 of the Companies Act. The applicant had a reasonable expectation to p…
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Muller N.O and Another v Cultigrain (Pty) Ltd (1916/2023) [2025] ZAWCHC 115 (17 March 2025)
High Court ruling on void dispositions under section 341(2) of the Companies Act, distinguishing payments for pre- and post-concursus deliveries.
Spanogiannis and Another v Emgeo and Another (2024/135403) [2024] ZAGPJHC 1274 (16 December 2024)
Urgent winding-up application granted after the court found Emgeo unable to pay its debts and held that shareholder deadlock made winding up just and equitable.
Dorfling N.O and Another v Engelbrecht N.O and Others (004697/2024) [2024] ZAGPPHC 1135 (7 November 2024)
The High Court dismissed trustees’ bid to obtain leave to sue on behalf of a company in liquidation, holding that the liquidators’ refusal was not mala fide or unreasonable.
Luvon Investments (Pty) Ltd and Another v Thabong Good Health Pharmacy CC (Leave to Appeal) (2023-033874) [2024] ZAGPPHC 1063 (23 October 2024)
The High Court dismissed an application for leave to appeal against a final winding-up order, holding that the respondent could not raise new grounds not pleaded before.
Africor Auctioneers (Pty) Ltd v Blue Dot Properties 1875 CC and Another (6436/2022) [2024] ZAGPPHC 996 (8 October 2024)
The High Court dismissed an application for leave to appeal against refusal of a final winding-up order, finding no reasonable prospects of success.
Hendricks Holding (Pty) Ltd v PHP Armed Response (Pty) Ltd (2022/043254) [2024] ZAGPJHC 972 (30 September 2024)
The High Court held that the action was deemed abandoned under section 359 after winding-up, so the second defendant was not entitled to discovery.
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