Provisional liquidation — Application for winding up — Applicants claiming debts owed by respondent — Respondent disputing claims on bona fide and reasonable grounds — Court finding that applicants failed to establish locus standi and that claims were disputed — Application for liquidation dismissed with costs.
Prescription — Institution of legal proceedings against an organ of state — Condonation — Applicant seeking condonation for failure to serve notice within six-month period as required by the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 — Court finding that the applicant's claim had prescribed and that the notice served did not qualify as 'process' under the Prescription Act — Application for condonation dismissed.
Labour Law — Review of arbitration award — Application for review of an arbitration award under section 145 of the Labour Relations Act — Applicant claiming unfair dismissal due to non-renewal of fixed-term contract — Commissioner finding no reasonable expectation of renewal — Review application launched late, requiring condonation — Court dismissing review on grounds of late filing and lack of reasonable expectation of renewal.
Civil Procedure — Exception — Particulars of claim — Defendant raising exception to plaintiff's particulars of claim on grounds of lack of necessary averments — Plaintiff claiming damages for contaminated diesel supplied by defendant — Court finding that particulars sufficiently disclosed a cause of action for breach of contract, delict, and under the Consumer Protection Act — Exception dismissed with costs.
Labour Law — Urgent application — Section 18(3) of the Superior Courts Act — Applicant seeking to maintain interim order pending appeal — Exceptional circumstances established — Irreparable harm to employee if order not granted — No irreparable harm to employer — Court granting application to preserve employment relationship pending review of disciplinary action.
Companies — Removal of director — Application for removal of director under section 71(8)(b) of the Companies Act — Applicant alleging negligence and dereliction of duties by Respondent — Respondent failing to respond to application and engaging in actions detrimental to the company — Tribunal finding sufficient grounds for removal — Respondent removed as director of BOSAPHARMACY AND CLINIC (PTY) LTD.
Insolvency — Provisional sequestration — Application for provisional sequestration of respondent's estate by Standard Bank based on claims arising from a home loan and guarantee debt — Respondent contesting the application on grounds of lack of locus standi, absence of an act of insolvency, factual insolvency, and abuse of process — Court finding that the applicant established a prima facie case for provisional sequestration under the Insolvency Act, confirming the respondent's insolvency and the advantage of sequestration for creditors.