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South Africa Case Law

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Civil Procedure [2025] ZAMPMHC 20

H.S.W v Masanti CC (1310/2025)

H.S.W v Masanti CC (1310/2025) [2025] ZAMPMHC 20 (26 March 2025)

Urgent winding-up application struck off the roll after the court found the applicant failed to prove urgency and had a disputed creditor status.

  • Winding Up Application
  • Urgency In Motion Proceedings
  • Locus Standi
  • Commercial Insolvency
  • Winding-up-application
  • Urgency-in-motion-proceedings
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Civil Procedure [2024] ZAGPJHC 1300

Body Corporate of Valleyview Centre v Queen New York Cosmetic (Pty) Ltd (In Liquidation) (Reasons) (2023/070664)

Body Corporate of Valleyview Centre v Queen New York Cosmetic (Pty) Ltd (In Liquidation) (Reasons) (2023/070664) [2024] ZAGPJHC 1300 (20 December 2024)

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…

  • Uniform Rules Of Court
  • Rule 35 Discovery
  • Rule 27 Extension Of Time
  • Costs Award
  • Winding Up Application
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Civil Procedure [2024] ZAGPPHC 499

New Salt Rock City (Pty) Ltd and Others v Kilken Platinum (Pty) Ltd and Others (011884/2022)

New Salt Rock City (Pty) Ltd and Others v Kilken Platinum (Pty) Ltd and Others (011884/2022) [2024] ZAGPPHC 499 (28 May 2024)

The High Court granted condonation for a late replying affidavit in a complex commercial liquidation dispute and dismissed a Rule 30 application.

  • Condonation
  • Irregular Step
  • Winding Up Application
  • Just And Equitable Ground
  • Case Management
  • Prejudice
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Civil Procedure [2023] ZAGPPHC 706

Botha v 4D Health (Pty) Ltd (18976/19)

Botha v 4D Health (Pty) Ltd (18976/19) [2023] ZAGPPHC 706 (21 August 2023)

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.

  • Supplementary Affidavit
  • Winding Up Application
  • Locus Standi
  • Uniform Rules Of Court Rule 6 5 E
  • Supplementary-affidavit
  • Winding-up
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Commercial And Corporate [2022] ZAWCHC 241

Stokes v Cancape (Pty) Ltd (21392/2018; 1152/2019)

Stokes v Cancape (Pty) Ltd (21392/2018; 1152/2019) [2022] ZAWCHC 241; (2023) 44 ILJ 431 (WCC) (28 November 2022)

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.

  • Employment Contract Dispute
  • Profit Share Arrangement
  • Set Off
  • Termination Bonus
  • Winding Up Application
  • Employment-contract-dispute
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Civil Procedure [2020] ZAGPPHC 606

EVZ Industriele Dienste 2 CC v Early Moon Trading 361 CC (92335/15)

EVZ Industriele Dienste 2 CC v Early Moon Trading 361 CC (92335/15) [2020] ZAGPPHC 606 (18 November 2020)

Leave to appeal was refused in a winding-up matter because the applicant failed to show reasonable prospects of success under section 17(1).

  • Winding Up Application
  • Bona Fide Dispute Of Debt
  • Insolvency
  • Leave To Appeal Threshold
  • Leave-to-appeal
  • Winding-up-application
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Civil Procedure [2020] ZAGPJHC 28

Nyathi and Others v Mogase and Others (24225/19)

Nyathi and Others v Mogase and Others (24225/19) [2020] ZAGPJHC 28 (13 February 2020)

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.

  • Interim Interdict
  • Shareholder Dispute
  • Bank Account Control
  • Director Liability
  • Winding Up Application
  • Interim-interdict
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Civil Procedure [2018] ZAGPPHC 575

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)

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)

Leave to appeal was dismissed. The court found no reasonable prospects on issues of service, winding-up, deadlock, or costs.

  • Leave To Appeal
  • Mareva Injunction
  • Shareholders Meeting Notice
  • Winding Up Application
  • Deadlock In Company
  • Costs Award
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Civil Procedure [2018] ZAWCHC 52

Sanria 21 (Pty) Ltd v Nordaline (Pty) Ltd and Another (20123/2017; 20124/2017)

Sanria 21 (Pty) Ltd v Nordaline (Pty) Ltd and Another (20123/2017; 20124/2017) [2018] ZAWCHC 52 (19 March 2018)

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…

  • Winding Up Application
  • Costs On Withdrawal
  • Franchise Agreement Dispute
  • Consumer Protection Act Compliance
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Commercial And Corporate [2016] ZAGPPHC 934

Ntshangase v Ziyaphenduka Promotions & Entertainment CC (34285/15)

Ntshangase v Ziyaphenduka Promotions & Entertainment CC (34285/15) [2016] ZAGPPHC 934 (9 November 2016)

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.

  • Close Corporation Deadlock
  • Winding Up Application
  • Non Joinder
  • Just And Equitable Liquidation
  • Close-corporation-deadlock
  • Winding-up-application
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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.