Body Corporate of Valleyview Centre v Queen New York Cosmetic (Pty) Ltd (In Liquidation) (Reasons) (2023/070664) [2024] ZAGPJHC 1300 (20 December 2024)
Court
South Gauteng High Court, Johannesburg
Case number
2023/070664
Judge
BC Wanless
The court held that the filing of a notice in terms of rule 35(12) does not suspend the time period for filing an answering affidavit in application proceedings. The respondent was required to either file its affidavit or seek an extension of time under rule 27. The applicant was entitled to set the matter down on the unopposed motion roll, and this did not constitute an irregular step under rule 30A. The respondent's arguments to the contrary were dismissed, and the respondent was not entitled to a costs order in its favour. The court exercised its discretion to grant the respondent a furthe…
Botha v 4D Health (Pty) Ltd (18976/19) [2023] ZAGPPHC 706 (21 August 2023)
Court
North Gauteng High Court, Pretoria
Case number
18976/19
Judge
E van der Schyff
The High Court granted leave for a supplementary affidavit in a winding-up matter, finding no substantial prejudice and allowing amended particulars as relevant to locus standi.
Stokes v Cancape (Pty) Ltd (21392/2018; 1152/2019) [2022] ZAWCHC 241; (2023) 44 ILJ 431 (WCC) (28 November 2022)
Court
Western Cape High Court, Cape Town
Case number
21392/2018; 1152/2019
Judge
Binns-Ward
High Court dispute over an employment profit-share: the plaintiff failed to prove losses were excluded, but recovered undisputed amounts for the rental book and termination bonus.
Nyathi and Others v Mogase and Others (24225/19) [2020] ZAGPJHC 28 (13 February 2020)
Court
South Gauteng High Court, Johannesburg
Case number
24225/19
Judge
Engelbrecht
The court granted an interim interdict freezing company bank accounts pending a planned winding-up application, finding the first respondent’s conduct justified preservation of funds.
Tait NO and Another v Wescom Business Ventures (Pty) Ltd and Others, Tait NO and Others v Van Niekerk and Others (29833/2016, 2495/2016) [2018] ZAGPPHC 575 (29 June 2018)
Court
North Gauteng High Court, Pretoria
Case number
29833/2016, 2495/2016
Judge
A A Crutchfield
Leave to appeal was dismissed. The court found no reasonable prospects on issues of service, winding-up, deadlock, or costs.
Sanria 21 (Pty) Ltd v Nordaline (Pty) Ltd and Another (20123/2017; 20124/2017) [2018] ZAWCHC 52 (19 March 2018)
Court
Western Cape High Court, Cape Town
Case number
20123/2017; 20124/2017
Judge
N P Boqwana
The court held that the applicant, having withdrawn its pursuit of liquidation orders, is in the same position as an unsuccessful litigant and must pay the respondents' costs. The disputes regarding the existence and validity of the franchise agreements, and compliance with the Consumer Protection Act, were foreseeable and should have been anticipated by the applicant prior to launching the applications. The respondents' silence in response to section 345 notices did not constitute a tacit acknowledgment of liability, as more is required for such an inference. The applicant's failure to prope…
Ntshangase v Ziyaphenduka Promotions & Entertainment CC (34285/15) [2016] ZAGPPHC 934 (9 November 2016)
Court
North Gauteng High Court, Pretoria
Case number
34285/15
Judge
P M Mabuse
The High Court stayed a provisional winding-up application because the other 50% member of the close corporation had not been joined, making the application procedurally defective.