South Africa Case Law

Naxa Trading (Pty) Limited v Voltex (Pty) Limited (Reasons) (2478/23)

Naxa Trading (Pty) Limited v Voltex (Pty) Limited (Reasons) (2478/23) [2024] ZAECMKHC 114 (22 October 2024)

Court

Eastern Cape High Court, Makhanda

Case number

2478/23

Judge

N Cengani-Mbakaza

The court found that the applicant established sufficient urgency due to the imminent threat to personal liberty posed by outstanding warrants of arrest following a winding-up order. The applicant's version of events was uncontested, as the respondent elected not to file an answering affidavit. The court exercised its discretion to relax procedural rules in the interests of justice, finding that the applicant would suffer irreparable harm if the stay was not granted and that the respondent would not be prejudiced by a brief suspension pending the rescission application, which was scheduled wi…

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• Stay Of Execution
• Urgent Interdict
• Winding Up Proceedings
• Rescission Of Judgment
• Credit Agreement Dispute

Centaur Mining South Africa (Pty) Ltd v Cloete Murray N O and Others (1334/2022)

Centaur Mining South Africa (Pty) Ltd v Cloete Murray N O and Others (1334/2022) [2024] ZASCA 34 (28 March 2024)

Court

Supreme Court of Appeal

Case number

1334/2022

Judges

Ponnan, Schippers, Meyer, Matojane, Coppin

The Supreme Court of Appeal dismissed an attempt to rescind a section 20(9) corporate-veil order and composite winding-up, finding no basis under rule 42(1)(a) or the common law.

• Corporate Veil Piercing
• Rescission Of Judgment
• Unconscionable Abuse
• Winding Up Proceedings
• Rule 42 Uniform Rules
• Companies Act Section 20 9

Vic La Vic Group (Pty) Ltd and Another v Phele Mining Consulting and Projects (24445/2022)

Vic La Vic Group (Pty) Ltd and Another v Phele Mining Consulting and Projects (24445/2022) [2024] ZAGPPHC 155 (16 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

24445/2022

Judge

A Vorster

The High Court dismissed a winding-up application, finding no proof that the deceased sole director had authority to bind the company to the alleged loans.

• Agency
• Authority Of Directors
• Winding Up Proceedings
• Abuse Of Process
• Negotiorum Gestio
• Winding-up-proceedings

Unified Payroll Limited v Just Patience (Pty) Ltd (054604/2022)

Unified Payroll Limited v Just Patience (Pty) Ltd (054604/2022) [2023] ZAGPPHC 1954 (23 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

054604/2022

Judge

Makhoba

The High Court dismissed a winding-up application after finding the respondent’s alleged debt was genuinely disputed on bona fide and reasonable grounds.

• Winding Up Proceedings
• Condictio Furtiva
• Aquilian Action
• Commercial Insolvency
• Locus Standi
• Disputed Debt

Vincemus Investments (Pty) Ltd v Bekker N.O. and Others (12477/2020)

Vincemus Investments (Pty) Ltd v Bekker N.O. and Others (12477/2020) [2023] ZAWCHC 169 (25 July 2023)

Court

Western Cape High Court, Cape Town

Case number

12477/2020

Judge

P.A.L. Gamble

The court held that Vincemus Investments (Pty) Ltd was entitled to recover its wasted costs in the abortive winding-up application as costs in the liquidation of Travea (Pty) Ltd. The court found that Vincemus acted bona fide and that the liquidators and other creditors opposed the claim not on legal principle but due to the quantum of the bill. The court rejected Vital Fleet's argument that only one set of costs could be recovered, finding that the relevant legal authorities and practice did not preclude the court from exercising its discretion to direct payment of such costs. The court furt…

Source excerpt

• Winding Up Proceedings
• Costs In Liquidation
• Insolvency Act Section 97
• Creditor Priority
• Liquidation Distribution Account

Cooper N.O and Others v Markert Fisheries (Oudtshoorn) CC (13845/2022)

Cooper N.O and Others v Markert Fisheries (Oudtshoorn) CC (13845/2022) [2023] ZAWCHC 56; 2023 (5) SA 212 (WCC) (9 March 2023)

Court

Western Cape High Court, Cape Town

Case number

13845/2022

Judge

Kusevitsky

The court held that service of the statutory demand at the registered address of the respondent, as required by the Close Corporations Act, was sufficient to trigger the winding-up proceedings. There was no legal obligation on the applicants to serve the demand at both the registered address and the principal place of business. The respondent had received notice and had previously denied indebtedness, indicating awareness of the debt. The applicants were successful in obtaining repayment of the judgment debt and associated costs, and thus are entitled to the costs of the winding-up applicatio…

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• Close Corporations Act
• Service Of Process
• Winding Up Proceedings
• Costs Award

Vincemus Investments (Pty) Ltd v Bekker N.O. and Others In re: Vincemus Investments (Pty) Ltd v Travea (Pty) Ltd (12477/2020)

Vincemus Investments (Pty) Ltd v Bekker N.O. and Others In re: Vincemus Investments (Pty) Ltd v Travea (Pty) Ltd (12477/2020) [2022] ZAWCHC 207 (28 October 2022)

Court

Western Cape High Court, Cape Town

Case number

12477/2020

Judge

Binns-Ward

The court postponed a costs application in a winding-up matter and issued a further rule nisi on whether the applicant’s costs should rank in Travea’s liquidation.

• Winding Up Proceedings
• Costs In Liquidation
• Concursus Creditorum
• Preferent Claims
• Creditors Objections
• Winding-up-proceedings

True North Holdings (Pty) Limited and Another v M D Individually Designed Handcrafted Jewellery (Propietary) Limited (41251/2019)

True North Holdings (Pty) Limited and Another v M D Individually Designed Handcrafted Jewellery (Propietary) Limited (41251/2019) [2020] ZAGPJHC 373 (25 November 2020)

Court

South Gauteng High Court, Johannesburg

Case number

41251/2019

Judge

L R Adams

Final liquidation was refused because the alleged debts arose from an unrealized joint venture and were bona fide disputed on reasonable grounds.

• Company Liquidation
• Bona Fide Dispute
• Winding Up Proceedings
• Creditor Status
• Joint Venture Dispute
• Company-liquidation

Safta Properties (Pty) Ltd and Others v Vukani Aviation (Pty) Ltd and Others (34072/19)

Safta Properties (Pty) Ltd and Others v Vukani Aviation (Pty) Ltd and Others (34072/19) [2020] ZAGPPHC 667 (17 June 2020)

Court

North Gauteng High Court, Pretoria

Case number

34072/19

Judge

M. Mbongwe

The High Court dismissed a liquidation-related application after finding the applicants lacked authority to institute proceedings and ordered personal costs against them.

• Liquidator Authority
• Companies Act 1973
• Winding Up Proceedings
• Costs Liability
• Liquidator-authority
• Companies-act-1973

Imobrite (Pty) Ltd v DTL Broedery CC (M506/19B)

Imobrite (Pty) Ltd v DTL Broedery CC (M506/19B) [2020] ZANWHC 67 (11 June 2020)

Court

North West High Court, Mafikeng

Case number

M506/19B

Judge

Nobanda

The court found that the respondent and Kotze are co-debtors under the agreement and securities, and the applicant is a creditor for purposes of liquidation. However, the applicant holds securities over the respondent's assets for the full amount of the debt, and there are no other creditors. The respondent has secured the debt to the applicant's reasonable satisfaction as required by section 69(1)(a) of the Close Corporations Act. The applicant's use of liquidation proceedings is not for the bona fide purpose of achieving a concursus creditorum but to enforce a debt, amounting to an abuse of…

Source excerpt

• Winding Up Proceedings
• Close Corporations Act
• Locus Standi
• Abuse Of Process
• Secured Debt
• Joint And Several Liability