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Insolvency Law — Winding up — Application for discharge of winding up order — Subsequent settlement of debt — Creditor's consent to discharge — Court's consideration of insolvency grounds — Discharge granted under section 354 of the Companies Act. The applicant sought an urgent stay of a winding up order against the second applicant, which had been granted due to insolvency and a debt owed to the respondent. Following the settlement of the debt, the respondent consented to the discharge of the winding up order. The court found that an appropriate case for discharge had been made out, despite concerns regarding the insolvency grounds. The winding up order was set aside, with conditions regarding creditor claims and solvency restoration.
Execution — Variation of court order — Application to amend costs order — Appellants sought to insert joint and several liability clause in costs order following appeal — Court found oversight in original order regarding joint and several liability for costs of trial — Amendment granted to reflect intention of court, while application for variation of other aspects of order dismissed — No costs order made regarding application for variation.
Amendment of Pleadings — Application for leave to amend plea — Defendants seeking to withdraw admission in plea and introduce special plea of lack of service — Summons served on late Mr. Burns but not on Ms. Burns — Ms. Burns aware of claim and instructed attorneys to defend — Delay of almost 7 years before seeking amendment — Court's discretion in allowing amendments — Application for amendment refused due to undue delay and potential prejudice to the respondent.
Liquidation — Provisional liquidation — Applications for provisional liquidation of Basfour 3281 CC and Save Wholesalers Cash and Carry CC dismissed — Applicant, Indgro Outsourcing (Pty) Ltd, sought provisional liquidation based on alleged unpaid "placement fees" following termination of service agreements — Respondents contended that no such fees were due as employees had become their employees by operation of law under s 198A(3) of the Labour Relations Act — Court found that the applicant failed to establish a prima facie case of debt owed by the respondents, and that the respondents had shown a bona fide defence — Applications dismissed with costs on scale B.
Application — Urgent interdictory relief — Applicant sought declaratory relief regarding existence of lease agreement — Dispute arose over validity of lease and notice to vacate — Court found genuine dispute of fact existed, exercising discretion not to resolve it — Application dismissed with costs.
Contempt of Court — Application for Leave to Appeal — Applicant seeking leave to appeal against judgment dismissing contempt application — Court finding that Respondents did not act in wilful contempt of prior order — Applicant's possession of property restored but subsequent eviction order interrupted legal basis for possession — Application for leave to appeal dismissed as no reasonable prospect of success established.
Labour Law — Urgent application — Stay of settlement agreement — Applicant sought to stay implementation of a settlement agreement between the Municipality and Nciza pending a review application — Nciza was dismissed and subsequently reinstated through the settlement agreement — Applicant contended that the agreement was unlawfully concluded due to lack of authority — Court found that the applicant failed to establish irreparable harm, as the only potential harm related to further payments, which could be remedied if the review succeeded — Application to stay dismissed, with costs reserved.
Contempt of court — Non-compliance with maintenance order — Maintenance debtor failing to pay court-ordered maintenance for children — Court emphasizing the need for full disclosure of financial position by the debtor — Vague allegations insufficient to prove non-compliance was not wilful — Court declaring debtor in contempt and ordering payment of arrear maintenance with costs.
Criminal Law — Rape and Kidnapping — Conviction and sentence — Appellant convicted of two counts of rape and one count of kidnapping of a minor — Automatic right to appeal exercised — Court finding no misdirection in the trial court's application of cautionary rules regarding the evidence of a single child witness — Life imprisonment sentence upheld as appropriate under minimum sentences legislation — Appeal dismissed.
Criminal Law — Rape — Consent — Appellant convicted of rape after complainant testified that sexual acts were non-consensual. Appellant claimed intercourse was consensual. Evidence included formal admissions of penetration and medical findings of injuries. Complainant described feeling pressured and coerced during the encounter, asserting lack of consent throughout. Court held that the complainant's testimony, corroborated by medical evidence, established the absence of consent, affirming the conviction and sentence of 15 years imprisonment.
Constitutional Law — Medical Schemes Act — Constitutionality of section 59(3) — Application challenging the validity of section 59(3) of the Medical Schemes Act 131 of 1998 on constitutional grounds — Court to consider the implications of the provision on rights enshrined in the Constitution — The provision's constitutionality upheld, affirming its compliance with constitutional standards.