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South Africa decisions
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Pillay v Lopdale Energy (Pty) Ltd (2024/127178) [2025] ZAGPJHC 681 (15 July 2025)
The High Court granted final liquidation of Lopdale Energy (Pty) Ltd after finding it unable to pay its debts and rejecting its defences as not bona fide.
J van Dam N.O and Others v Cannabat Manufacturers International (2883/2023) [2025] ZAFSHC 192 (27 June 2025)
Winding-up application dismissed where the debt was bona fide disputed, the statutory demand was not properly served, and the process was found abusive.
Marais and Another v Nortiger Logistics-SA (Pty) Ltd and Another (14866/2022) [2025] ZAGPJHC 498 (21 May 2025)
The court set aside the sale of a crane after finding a prior cession invalid and ineffective to transfer ownership, making the disposition voidable in liquidation.
Fleurmax Konstruksie (Pty) Ltd v Zacon Projects (Pty) Ltd (006278-2025) [2025] ZAGPPHC 502 (16 May 2025)
Unopposed winding-up application dismissed. The court found no proof of insolvency and held liquidation was not appropriate where instalment payment was proposed.
Lafrica Mining (Pty) Ltd and Another v Sightful Coal (1750/2022) [2025] ZAMPMHC 26 (15 May 2025)
The court found that the applicants failed to establish that the respondent is indebted to them. The evidence showed that the agreement and payments were made between the respondent and Inzuzu Trading and Investment Coal, not the applicants. The respondent's opposition was supported by bona fide and reasonable grounds, and the existence of the alleged debt was genuinely disputed. The admissions made by Mokholo, a former director, were properly withdrawn, and the facts presented by the respondent were accepted. The court applied the Plascon-Evans rule and concluded that it would not be just an…
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U-Rent (SA) (Pty) Limited v NMP Trading Projects (Pty) Limited t/a NMP Holdings (2024/063820) [2025] ZAGPPHC 489 (14 May 2025)
The High Court granted a provisional winding-up order after finding the respondent failed to pay its debts and raised no bona fide dispute of fact.
Pretorius and Others v Khutso Naketsi Communal Property Association and Another (2024-147172) [2025] ZAGPPHC 451 (8 May 2025)
The High Court granted a postponement in winding-up proceedings and ordered the intervening applicants, except the employees, to pay the postponed hearing costs.
Rohlig-Grindrod (Pty) Ltd vs Selemo Valley Farms (Pty) Ltd and Another (2023/115519; 2024/020392) [2025] ZAGPJHC 317 (24 March 2025)
The court granted summary judgment on unpaid services and provisionally wound up the respondent after finding the debt undisputed and commercial insolvency shown.
Morebudi and Others v Barker and Others (A233/2022) [2025] ZAGPPHC 348 (17 March 2025)
The court held that parties cannot contract out of the statutory provisions of section 81(1)(d) of the Companies Act. Any clause in a shareholders' agreement or joint venture agreement that purports to oust the court's jurisdiction to order winding-up is invalid to the extent of its inconsistency with the Act. The arbitration clause does not preclude the court from adjudicating the winding-up application, especially where the dispute is legal rather than factual and the prescribed dispute resolution process is ineffective. The deadlock between directors and shareholders is complete and irreco…
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L. D. v M[...] P[...] I[...] (Pty) Ltd and Another (A132469/2023; A133154/2024) [2025] ZAGPJHC 193 (26 February 2025)
Appeals over derivative-action leave and company winding-up were decided separately: derivative relief was refused, but the company was finally wound up.
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