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Case law by topic

Judgments on liquidation

50 judgments on file that touch liquidation, newest first, each with the court's own file.

Handed downJudgmentCourt
7 Oct 2026 Salungano Group Ltd v Mashwayi Projects (Pty) Ltd and Others; Ndalamo Coal (Pty) Ltd v Mashwayi Projects (Pty) Ltd and Others[2026] ZACC 38 · Companies Act 71 of 2008 — sections 152 and 153 — business rescue proceedings — voting rights — post-commencement creditors Interpretation —... Constitutional Court
5 Oct 2026 Habib Overseas Bank Limited (in liquidation) v Crestar Printers and Publishers (Pty) Ltd (in liquidation) and Others[2026] ZASCA 136 · Insolvency – suretyship – set-off raised as defence by sureties (banking customers) against an insolvent bank – delay in raising defence of... Supreme Court of Appeal
5 Oct 2026 FJ Senekal Inc v The Standard Bank of South Africa Limited and Others[2026] ZASCA 137 · Insolvency – Insolvency Act of 1936 – s 63(2) – remuneration out of the estate for services rendered by a firm of which the trustee was a di... Supreme Court of Appeal
26 Jun 2026 De Bruyn v The Master of the High Court, Pretoria and Others[2026] ZASCA 92 · Administration of Estates – spousal maintenance claim – Maintenance of Surviving Spouses Act of 1990 – Administration of Estates Act of 1965... Supreme Court of Appeal
1 Jun 2026 Gore v Moollajie NO and Others[2026] ZASCA 82 · Insolvency – s 63(1) of the Insolvency Act of 1936 – remuneration of trustees – joint provisional trustees subsequently appointed as final t... Supreme Court of Appeal
18 May 2026 Centaur Mining South Africa (Pty) Limited v Sivalutchmee Moodliar N.O. and Others[2026] ZACC 20 Constitutional Court
29 Apr 2026 Blue Label Distribution (Pty) Ltd v St Clair Cooper N O and Others[2026] ZASCA 61 · Companies Act of 1973 – liquidation – whether liquidators can rely on s 341(2) of the Companies Act to reclaim payments – amounts alleged to... Supreme Court of Appeal
8 Apr 2026 Black Sash Trust v Minister of Social Development and Others[2026] ZACC 12 · Social grants — invalidity of contract — just and equitable profit determination— judicial review — liquidation — public interest Constitutional Court
11 Mar 2026 Bonatla Property Holdings v Ruitersvlei Holdings & Another[2026] ZASCA 26 · Company law – liquidation – locus standi to seek winding up – cession in securitatem debiti – applicant company having ceded its loan accoun... Supreme Court of Appeal
6 Mar 2026 Lenette Janse De Wit & Others v Toerien De Wit N O & Others[2026] ZASCA 23 · Trust Property Control Act – section 13 – application to terminate trust and appoint receiver to distribute trust assets – whether appellant... Supreme Court of Appeal
24 Feb 2026 Africa Agriculture and Trade Investment Fund v Vienings[2026] ZASCA 19 · Company Law – Companies Act of 1973 – whether conduct of business rescue practitioner constituted recklessness within the meaning of s 424(1... Supreme Court of Appeal
4 Feb 2026 4 Seasons Logistics CC v Kgotse[2026] ZASCA 9 · Practice and procedure – application for reconsideration of a decision of the Supreme Court of Appeal refusing leave to appeal – finality of... Supreme Court of Appeal
21 Nov 2025 Showroom Centre (Pty) Ltd and Others v Ronald Kagan[2025] ZASCA 175 · Civil procedure – leave to appeal – reconsideration in terms of s 17(2)(f) of the Superior Courts Act of 2013 of refusal of leave to appeal... Supreme Court of Appeal
17 Oct 2025 Walker and Another v Schabort Potgieter Attorneys Inc and Others (320/2024 and 368/ 2024)[2025] ZASCA 154 · Claim of a company in liquidation for assets recovered by an attorney – attorney’s duty to account and debatement of accounts-whether s 32(1... Supreme Court of Appeal
11 Jun 2025 Kwadukuza Municipality v Consolidated Aone Trade and Invest 6 (Pty) Ltd [in Liquidation] and Others[2025] ZASCA 86 · Local Government: Municipal Systems Act of 2000 (Municipal Systems Act) – whether the high court correctly found that payment made under pro... Supreme Court of Appeal
16 May 2025 JR 209 Investments (Pty) Ltd and Others v Homeless People Housing Co-Operative Ltd and Others[2025] ZASCA 63 · Contempt of court – requirements restated – whether conduct met requirements – Co-operatives Act of 2005 – s 72 (1) – whether competent to r... Supreme Court of Appeal
31 Mar 2025 Resilient Rock (Pty) Ltd v Voltex (Pty) Ltd t/a Atlas Group[2025] ZASCA 33 · Insolvency law – section 347(5) of the Companies Act of 1973 – whether an appeal court has jurisdiction to grant a final winding-up order, w... Supreme Court of Appeal
28 Mar 2025 Sumeil (Pty) Ltd v Coogal Finance (Pty) Ltd (In Liquidation) and Others[2025] ZASCA 27 · Claim for money payment on application – application of Plascon-Evans rule – Set-off – executory contract – reciprocal obligations – duty of... Supreme Court of Appeal
28 Jan 2025 Du Plessis v Majiedt N O and Others[2025] ZASCA 4 · Insolvency – locus standi of insolvent to sue in his own name – Insolvency Act of 1936 – trustees were the correct persons to take action –... Supreme Court of Appeal
24 Dec 2024 Superior Macadamias (Pty) Ltd and Others v Emvest Agricultural Corporation (Mauritius) Ltd and Another[2024] ZASCA 182 · Winding up – locus standi – creditor – failure to prove indebtedness of respondent. Winding up – shareholder – just and equitable – dormant... Supreme Court of Appeal
20 Dec 2024 Macneil Plastics (Pty) Ltd v Van den Heever N O and Others[2024] ZASCA 181 · Liquidation – Company placed in liquidation due to inability to pay its debts – payment made by company to its creditor after the commenceme... Supreme Court of Appeal
2 Oct 2024 The Prudential Authority v Dlamini and Another[2024] ZASCA 133 · Provisional sequestration order sought on the grounds of s and s of the Banks Act of 1990 – prima facie proof of non-compliance with the Pru... Supreme Court of Appeal
16 Jul 2024 Nyhonyha N O and Others v NDPP (972; 973 & 974/22)[2024] ZASCA 113 · Prevention of Organised Crime Act 121 of 1998 – trust assets – realisable property in terms of s 14 – restraining orders in respect of prope... Supreme Court of Appeal
21 Jun 2024 Eamonn Courtney v Izak Johannes Boshoff NO & Others[2024] ZASCA 104 · Insolvency law — order of final sequestration not preceded by provisional order — order not a nullity — valid until set aside by a court of... Supreme Court of Appeal
12 Jun 2024 Pitso and Others v Chabeli Molatoli Attorneys Incorporated[2024] ZASCA 94 · Agency and representation – at common law a mandate is in general terminable at the will of the principal – requirements of final interdict... Supreme Court of Appeal
31 May 2024 Goedverwachting Farm (Pty) Ltd v Roux and Others[2024] ZASCA 83 · Land tenure – Extension of Security of Tenure Act of 1997 – whether the respondents were occupiers as defined – no evidence of commercial fa... Supreme Court of Appeal
27 May 2024 Botha N O and Others v Jonker and Others[2024] ZASCA 78 · Liquidation – close corporation – first meeting of creditors and members of close corporation summoned more than one-month after date of fin... Supreme Court of Appeal
8 Apr 2024 Organi Mark (Pty) Ltd v Goolam Nabi Ebrahim Akoodie and Another[2024] ZASCA 44 · Whether a South African high court has jurisdiction to consider and determine a claim under s 361 of the Swaziland Companies Act of 2009 aga... Supreme Court of Appeal
28 Mar 2024 Centaur Mining South Africa (Pty) Ltd v Cloete Murray N O and Others[2024] ZASCA 34 · Rescission in terms of rule 42(1)(a) of the Uniform Rules of Court of default judgment granted under s 20(9) of the Companies Act of 2008 –... Supreme Court of Appeal
22 Mar 2024 Standard Bank of South Africa Limited v Swartz and Others[2024] ZASCA 28 · Practice and procedure – application for business rescue – no leave given to intervene and bring such application – no application before co... Supreme Court of Appeal
14 Mar 2024 Murray and Others NNO v Ntombela and Others[2024] ZASCA 24 · Review – whether it is competent for a court to compel delivery of a rule record before determining whether what is before it is a review as... Supreme Court of Appeal
9 Feb 2024 Cohen v Absa Bank Limited[2024] ZASCA 16 · Insolvency law – Interpretation – s 31(2) read with s of the Insolvency Act of 1936 – whether a surety has locus standi to invoke s 31(2) to... Supreme Court of Appeal
18 Sep 2023 Jacolien Barnard NO and Another v National Consumer Tribunal and Another[2023] ZASCA 121 · Section 148(2)(b) of the National Credit Act of 2005 – jurisdictional factor of applicant’s participation in hearing before National 2 Consu... Supreme Court of Appeal
24 Mar 2023 Media summary Strategic Partners Group (Pty) Ltd and Others v The Liquidators of Ilima Group (Pty) Ltd (in liquidation) and Others[2023] ZASCA 27 · Company Law – shareholder liquidated – rights of liquidators to information – not limited to rights of shareholder – rights under s 414 and... Supreme Court of Appeal
23 Jan 2023 South African Reserve Bank and Another v Johnine Winsome Elisie Maddocks N O and Another[2023] ZASCA 4 · Exchange Control Regulations of the Currency and Exchanges Act,1933 – Legal consequences of a forfeiture order issued in terms of Regulation... Supreme Court of Appeal
13 Oct 2022 Southern Sky Hotel and Leisure (Pty) Ltd and Others v Southern Sky Food Enterprises (Pty) Ltd[2022] ZASCA 134 · Whether agreement concluded by liquidators for the sale of the property of a company in liquidation is invalid by virtue of the provisions o... Supreme Court of Appeal
13 Oct 2022 Mazars Recovery & Restructuring (Pty) Ltd and Others v Montic Dairy (Pty) Ltd (in liquidation) and Others[2022] ZASCA 135 · Company Law – business rescue – whether payments made to the business rescue practitioners after the conversion of business rescue proceedin... Supreme Court of Appeal
11 Feb 2022 Cash Paymaster Services (Pty) Limited (In Liquidation) and Others v Freedom Under Law NPC & Others[2022] ZACC 2 · Joinder — direct and substantial interest — such not shown Variation of order — provisional liquidators — section 359(1)(a) of Companies Act... Constitutional Court
13 Dec 2021 Bester N.O. and Others v Quintado 120 (Pty) Ltd[2021] ZACC 49 · Liquidation — factual enquiry — directing mind of the company test — misapplication of legal test — no jurisdiction Constitutional Court
11 Oct 2021 12/8/0020425) and Others[2021] ZASCA 144 · Application for interim interdict – whether requirements for interim order were met – whether the appellant should have brought a separate p... Supreme Court of Appeal
4 Jun 2021 Ingosstrakh v Global Aviation Investments (Pty) Ltd and Others[2021] ZASCA 69 · Civil Procedure – default judgment – appellant under bar – whether good cause shown for upliftment thereof. Contract – jurisdiction – where... Supreme Court of Appeal
30 Apr 2021 Impact Financial Consultants CC and Another v Bam NO and Others[2021] ZASCA 54 · Ombud for Financial Services – Financial Advisory and Intermediary Services Act of 2002 – the nature of the financial product to be identifi... Supreme Court of Appeal
29 Oct 2019 Shabangu v Land and Agricultural Development Bank of South Africa and Others[2019] ZACC 42 · Land and Agricultural Development Bank Act 15 of 2002 — invalid loan agreement with organ of state — acknowledgment of debt — compromise or... Constitutional Court
23 Aug 2019 Afgri Grain Marketing (Pty) Ltd v Trustees for the time being of Copenship Bulkers A/S (in liquidation) and Others[2019] ZASCA 104 · Variation of costs order granted in error. Supreme Court of Appeal
29 May 2019 Afgri Grain Marketing (Pty) Ltd v Trustees for the time being of Copenship Bulkers A/S (in liquidation) and Others[2019] ZASCA 67 · Security arrest in terms of s 5(3)(a) of the Admiralty Jurisdiction Regulation Act 105 of 1983 – such restricted to property existing at the... Supreme Court of Appeal
3 Dec 2018 - Starways Trading v Pearl Island Trading[2018] ZASCA 177 Supreme Court of Appeal
29 Nov 2018 Diener NO v Minister of Justice and Others[2018] ZACC 48 · Companies Act – Chapter 6 – sections 135(4) and 143(5) – business rescue proceedings – interpretation – during liquidation – super preferenc... Constitutional Court
1 Jun 2018 Mantis Investment Holdings (Pty) Ltd v Eastern Cape Development Corporation & others[2018] ZASCA 95 Supreme Court of Appeal
31 May 2018 De Villiers v GJN Trust[2018] ZASCA 80 Supreme Court of Appeal
8 Mar 2018 John Walker Pools v Consolidated Aone Trade & Invest 6 (Pty) Ltd (in liquidation) & another[2018] ZASCA 12 · Application for leave to appeal – whether proposed appeal would have any practical effect or result – such to be determined without referenc... Supreme Court of Appeal

A judgment is listed here when the court's own summary or its title uses the term; it is a finding aid, not a headnote. All topics.