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South Africa decisions
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Morwell Plant Hire (Pty) Ltd v Tseke Construction CC (2024/26563) [2025] ZAGPJHC 670 (10 July 2025)
The High Court granted provisional liquidation of a close corporation after finding an admitted debt, no proven payment defence, and a misconceived cession defence.
Roux v Fortein NO and Others (A170/2023) [2025] ZAFSHC 167 (6 June 2025)
The court held that the payment made by Van Niekerk Boerdery to Roux after the commencement of liquidation proceedings constituted a disposition of property or rights of action by CRE Stropers within the meaning of section 341(2) of the Companies Act. This was ratified by Corbett, the sole member, when he deducted the amount from the invoice, thereby abandoning the corporation's right to claim the full amount from its debtor. Such conduct unfairly preferred Roux over other creditors and violated the principle of concursus creditorum. The disposition was void, and Roux was required to repay th…
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Routemaster (Pty) Ltd v Retro Active CC (SJP Intervening) (WCC16646/2022) [2024] ZAWCHC 265 (13 September 2024)
The court granted the final winding-up of Retro Active CC, rejected its solvency and discretionary objections, awarded punitive costs, and referred perjury allegations for investigation.
SP Impact (Pty) Ltd v ENM Trading CC (2459/2024) [2024] ZAFSHC 260 (29 August 2024)
The High Court granted final winding up of Enm Trading CC after it failed to pay a loan and judgment debt, finding its solvency assertions unsupported.
Monama N.O v Monama and Sons Electrical Contractors CC and Another (58613/2021) [2024] ZAGPPHC 211 (19 March 2024)
High Court granted a provisional winding-up order after finding deadlock, exclusion, and obstruction of a court-ordered valuation of a deceased member’s interest.
Chetty v Gihwala and Another (D3187/2022) [2024] ZAKZDHC 25 (18 March 2024)
The court granted a provisional winding-up of a close corporation after finding a deadlock between equal members in a property-investment venture.
Africor Auctioneers (Pty) Ltd v Blue Dot Properties 1875 CC and Another (6436/2022) [2024] ZAGPPHC 128 (15 February 2024)
The High Court dismissed an application to liquidate a close corporation, finding no valid contract for the claimed security services and no proper authority for the underlying arrangements.
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.
Smit v Sofa Planet CC and Others (4424 / 2022) [2023] ZAWCHC 1 (17 January 2023)
The High Court dismissed a provisional liquidation application, finding the sole member-creditor’s bid was driven by ulterior motives and lacked a genuine concursus advantage.
Sheer and Others v Buddy Whiteman Engraving CC and Another (21/34078) [2022] ZAGPJHC 521 (5 August 2022)
The High Court granted final winding up of a close corporation after finding an irretrievable breakdown and deadlock between equal members.
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