Interesting Judgment: Munsamy & Other v Astron Energy & Others

22 September 2021

This matter entails four applications, by agreement the application regarding the rescission of an order granted by Bhoola J on 16 September 2019, made pursuant to an application brought by Astron Energy (Pty) Ltd and the Standard Bank of South Africa Limited to appoint the fourth respondent as the provisional/final liquidator of Castle Crest Properties 16 (Pty) Ltd (In liquidation), was argued first.

Weiner J held that the order, in addition to being a nullity, was, axiomatically erroneously sought and granted.

Held further that in view of the other pending applications, and to ensure certainty, the Court should issue a declaration of the order's pre-existing invalidity and set it aside.

The application was dismissed with costs.

Kindly sent to us by H Laher of Fasken Inc.

  Judgment: Munsamy & Other v Astron Energy & Others - Case: 2019/27101