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2024
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[2024] ZAGPPHC 1063
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Luvon Investments (Pty) Ltd and Another v Thabong Good Health Pharmacy CC (Leave to Appeal) (2023-033874) [2024] ZAGPPHC 1063 (23 October 2024)
REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION,
PRETORIA
Case No: 2023 - 033874
Reportable: No
Of interest to other
Judges: No
Revised: No
SIGNATURE
Date: 23/10/2024
In the matter between:
LUVON INVESTMENTS (PTY)
LTD
First Applicant
TWIN CITY TRADING (PTY)
LTD
Second
Applicant
and
THABONG GOOD HEALTH
PHARMACY CC
Respondent
JUDGEMENT
- APPLICATION FOR LEAVE TO APPEAL
MOOKI
J
1
The respondent was placed under provisional
winding-up on 22 February 2024. The return date to consider whether
the order be made
final was set for 27 May 2024. The court granted a
final winding-up order on 27 May 2024.
2
The respondent seeks leave to appeal the
order of 27 May 2024. The application is made on the following
grounds. The respondent
contends that a final order ought not to have
been granted because:
2.1
The applicants did not comply with section 346 (4A) (a) and (b) of
the Companies Act, 61 of 1973; and
2.2
The applicants had failed to prove the respondent’s
indebtedness, or that amounts were due or
payable, or show the
respondent’s inability to pay debts.
3
The respondent filed opposing papers in
proceedings leading to the order on 22 February 2024. The respondent
did not file papers
in relation to the return date.
4
Counsel for the respondent accepted that
the listed grounds for the application were not pleaded. Counsel for
the applicants submitted
that the respondent is not permitted to make
an application on new issues, because the applicants never had the
opportunity to
address the new issues.
5
I agree that the respondent may not seek
leave on issues that were never raised.
6
I make the following order:
6.1
The application for leave to appeal is dismissed.
6.2
Costs are in the winding-up.
O
MOOKI
JUDGE
OF THE HIGH COURT
GAUTENG
DIVISION, PRETORIA
Counsel for the
applicant (leave to appeal):
Mr JMT Tlokana
Instructed by:
Ngengebule
Attorneys Inc.
Counsel
for the respondents (leave to appeal)
Mr H P Wessels
Instructed by:
Van Der Merwe &
Associates
Heard:
21 October 2024
Delivered:
23 October 2024