This blog is co-authored by Yuveshen Naidoo, candidate attorney.
In August 2025 the High Court confirmed that WhatsApp messages can be decisive evidence in commercial disputes, particularly where the parties’ intentions and admissions are in question. The court granted a provisional liquidation order against the respondent, finding that the applicant was a creditor, the debt
This blog was co-authored by Adriaan Lourens, Candidate Attorney.
In July 2025, the Supreme Court of Appeal dismissed an appeal concerning a payment made to a creditor pursuant to a sale of business agreement after the liquidation of the seller. The judgment reinforces the centrality of the concursus creditorum in South African insolvency law, (which
This blog is co-authored by Sakhile Ngobe, a candidate attorney.
On 30 May 2025, the Supreme Court of Appeal (SCA) set aside a final winding-up order granted by the high court where the CIPC and the court had not followed the correct steps in the liquidation process.
The company in question is a public company
Insurance policies, particularly commercial policies providing business interruption, may contain provisions dealing with the consequences which flow for the parties, and the question of continuing cover and any indemnity, in the event of the liquidation of an insured.
The relevant clauses are often outdated and should be reviewed having regard to the relevant provisions of
Companies may attempt to rearrange their financial affairs to minimise the financial impact of the pandemic (or for any other reason). Section 155 of the Companies Act provides an informal mechanism of restructuring a company’s obligations to creditors.
Here are 10 things to consider when entering into a compromise with creditors:
The number of liquidations and sequestrations will, unfortunately, increase due to the COVID-19 pandemic. Preference shareholders with unsecured loans and third party unsecured creditors must be aware of the ranking of unsecured creditors’ claims in the liquidation process. This note specifically focuses on the unsecured loan given by a preference shareholder and not the ranking
An application for business rescue does not terminate the office of provisional liquidators nor does it result in the assets and management of the company in liquidation re-vesting in the directors of the company.
Where a company had been liquidated, an application was made for business rescue in GCC Engineering v Lawrence Maroos. Although
In order to claim the liquidation of a company or the sequestration of a trust or individual person it is necessary to show that the target is the claimant’s debtors and the target is insolvent.
The claim must be a liquidated claim because a damages claim yet to be proved cannot found an application for
In November 2016, the Supreme Court of Appeal reiterated that if a respondent in a liquidation application disputes the indebtedness on bona fide and reasonable grounds, the liquidation application should be refused. Liquidation proceedings are not designed for the enforcement of disputed debts.
In the case of Freshvest Investments (Pty) Ltd v Marabeng (Pty) Ltd
If a company goes into liquidation claims must be lodged and proved within three months as from the conclusion of the second meeting of creditors of the insolvent company.
The case of Wishart v Billiton is a reminder that although the Companies Act 1973 was largely repealed, the provisions relating to winding-up of companies remain