Pat Cornick & Co (Pty) Ltd v Mimosa Meubels (Edms) Bpk; Bakker & Steyger (1960) (Pty) Ltd v Mimosa Meubels (Edms) Bpk

• Jurisdiction: South Africa
• Judge: Marais J
• Judgment Date: 31 July 1961
• Court: Transvaal Provincial Division
• Hearing Date: 25 July 1961
• Citation: 1961 (4) SA 119 (T)

Marais, J.:

There are two applications before the Court for the winding up of the respondent company, Mimosa Meubels (Eiendoms) Beperk. The G first petition, appearing as No. 101 on my roll, is by Pat Cornick & Company (Pty.) Ltd., which has a claim for R149.35. The applicant is domiciled in Johannesburg. The security certificate was issued to it on the 17th July, 1961, by the Master in Pretoria with the endorsement 'No previous certificate issued'. The petition was signed on the following day, the 18th July, 1961, and was served on the respondent company on H the 21st July, 1961. On the 20th July notice of set down had been filed for the hearing of the matter on the 25th July, 1961. It now appears on the roll as case No. 101, and I shall refer to it as the first petition.

Appearing as case No. 102 is the application by Bakker & Steyger (1960) (Pty.) Ltd., which company is domiciled at Lansdowne in the Cape. Its claim is for R1,639.11. The security certificate was issued at the magistrate's court in Johannesburg on the 13th July, 1961, preceding the security certificate to the first petitioner by approximately

Marais J

four days. It was likewise endorsed 'No previous certificate issued'. The petition itself was signed on the 12th July, 1961, at Johannesburg, and on the 22nd July, 1961, notice of set down was filed for hearing on the 25th July, 1961. It appears on the roll as case No. 102, and I shall refer to it as the second petition.

A Both petitioners reacted to the same notice issued on behalf of the debtor, which was dated the 1st July, 1961. Both petitions are in order, and it is proper that a...