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[2009] ZAFSHC 32
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Ex Parte Majiedt NO and Others (1105/2009) [2009] ZAFSHC 32 (19 March 2009)
IN
THE HIGH COURT OF SOUTH AFRICA
(FREE
STATE PROVINCIAL DIVISION)
Case No. : 1105/2009
In
the
EX
PARTE
matter
between:-
DONOVAN
THEODORE MAJIEDT N.O.
1
st
Applicant
CHAVONNES
BADENHORST ST CLAIR
2
nd
Applicant
COOPER N.O.
LUKE
BERNARD SAFFY N.O.
3
rd
Applicant
SIMON
MALEBO RAMPOPORO N.O.
4
th
Applicant
(in
their capacities as provisional liquidators)
ATLANTIS FORGE
(EDMS) BEPERK [IN LIKWIDASIE]
_____________________________________________________
CORAM:
H.M.
MUSI, JP
_____________________________________________________
HEARD
ON:
5
MARCH 2009
_____________________________________________________
DELIVERED
ON:
19
MARCH 2009
_____________________________________________________
JUDGMENT
_____________________________________________________
H.M.
MUSI, JP
[1]
This
is an urgent application brought by the provisional liquidators of
Atlantis Forge (Pty) Ltd which was put under provisional
liquidation
by an order of this court on 18 February 2009. The provisional
liquidators seek leave to raise money on the security
of the assets
of the company in terms of section 386(5) of the Companies Act and
other relief. The application was before me on
5 March 2009 and was
postponed
sine
die
to await judgment in the matter of
Solidarity
In Re Arno van Wyk and Atlantis Forge (Pty) Ltd
,
case number 779/2009. The reason for the postponement was that if
the provisional order of liquidation which was the bone of
contention
in the
Solidarity
-application
is set aside, then the basis for the instant application would fall
away. That is precisely what has happened and
the instant
application simply collapses.
[2] The
application is struck off the roll and there shall be no order as to
costs.
____________
H.M. MUSI, JP
On
behalf of applicants:
Adv.
P. Zietsman
Instructed by:
E G Cooper Majiedt
Inc
BLOEMFONTEIN
/sp