In a recent judgment, the Supreme Court of Appeal
(“SCA“) considered whether an appellate
court can grant a final winding-up order in a proceeding against a
company, where another court has already granted a provisional
order against the same company. The appeal was brought by by
Resilient Rock (Pty) Ltd (“Resilient“)
against Voltex (Pty) Ltd t/a Atlas Group
(“Voltex“).
The dispute arose from an application for liquidation instituted
by Voltex against Resilient on the grounds that Resilient was
unable to pay its debts. The Johannesburg high court found that
Voltex failed to prove that Resilient was commercially insolvent,
that the debt was due and payable, and that Resilient had no
defence to the claim of Voltex….
