Judgment: Master Mahikeng v K van der Westhuizen for Harties Wine Club
15 January 2025
Dear Member
Mr Moreosele, Assistant Master in Mahikeng, contends that the contribution in the voluntary winding up of a close corporation must be collected from the members of the close corporation.
The joint liquidators challenged this interpretation by way of an application for a declarator; the matter was unopposed, and an order was granted on the 28th of February 2023, see attached.
The Master, Mahikeng, then brought an application for the rescission of the judgment, which was fully opposed by the liquidators.
On 6 January 2025, Peterson J, granted the rescission application but ordered the Master to pay the costs of the opposed proceedings on scale C, attached a copy of the judgment.
The court did not deal with the merits of the opposing arguments and simply remarked that the matter is best suited to be argued in court and not an order that should stand on an opposed basis. The main application will now be enrolled again after the Master has delivered opposing papers, for argument on the principle.
Kindly sent to us by Sybrand Tintinger of Tintinger Inc.
Take care,
René Bekker
Chief Operating Officer
Order 28 February 2023 Harties Wine Club CC (in Liquidation). Case No: M620/2022