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2024
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[2024] ZAGPJHC 72
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Lyconet Austria Gmbh v Weighelhofor and Others (2023/082122) [2024] ZAGPJHC 72 (31 January 2024)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION,
JOHANNESBURG
CASE NO: 2023-082122
1.
Reportable: No
2.Of
interest to other judges: No
3.
Revised
31
January 2024
In
the matter between:
LYCONET
AUSTRIA GmBH
Intervening Applicant
And
ALBERT
WEIGHELHOFER
First Respondent
WAYNE
KRAMBECK
Second Respondent
ONICAFLEX
(PTY) LTD
Third Respondent
RALPH
FARREL LUTCHMAN N.O
Fourth Respondent
LINDIWE
FLORENCE KAAB N.O
Fifth Respondent
LYCONET
SOUTH AFRICA (PTY) LTD
Sixth Respondent
(in
liquidation)
MASTER
OF THE HIGH COURT – JOHANNESBURG
Seventh Respondent
In
re
:
ALBERT
WEIGLHOFER
First Applicant
WAYNE
KRAMBECK
Second Applicant
ONICAFLEX
(PTY) LTD
Third Applicant
and
LYCONET
SOUTH AFRICA (PTY) LTD
Respondent
JUDGMENT
WRIGHT
J
The
applicants in the main application sought the final winding up of
the respondent, Lyconet South Africa. On 12 September, 2023
such an
order was granted. On 20 October, 2023 the order was rescinded and
Lyconet was placed in provisional winding up with
a return day of 29
January, 2024.
Before
me now is the question of what is to happen on the return day.
The
matter is not ready to proceed as various documents like heads of
argument are not on file.
In
the meantime, Lyconet Austria, the holding company of Lyconet South
Africa, seeks to intervene as a party, or has been admitted
as a
party. It is not necessary to go further into this question.
The original applicants
for winding up now seek a postponement with extension of the
provisional winding up. The grounds relied
on include the
unreadiness of the matter for hearing and the need for the
provisional liquidators to look into the matter. This
case concerns
allegations that Lyconet South Africa ran a Ponzi scheme. In my
view, justice requires extension of the rule.
ORDER
1.
The
provisional liquidation of the respondent is extended to 13 May,
2024, opposed roll.
2.
Costs reserved.
GC
Wright
Judge
of the High Court
Gauteng
Division, Johannesburg
HEARD
:31 January 2024
DELIVERED
:31 January
2024
APPEARANCES
:
INTERVENING
APPLICANT
Adv C Bothma SC
Adv
W Bezuidenhout
advwillem@gmail.com
082 780
6067
Adv
S Mathe
Instructed
by
SKV Attorneys
psmith@skvattorneys.co.za
1
ST
TO 3
RD
RESPONDENTS
Adv
N Cassim SC
083 308
3094
ncassim@law.co.za
L
Acker
082 853
9883
lizelle@ackerlaw.co.za
Instructed
by
Magda Kets Attorneys
082 371
5376
admin2@magdakets.co.za
/
admin5@magdakets.co.za