Walter McNaughtan (Pty) Ltd v Impala Caravans (Pty) Ltd

JurisdictionSouth Africa
JudgeEloff J
Judgment Date29 April 1975
Citation1976 (1) SA 189 (W)
CourtWitwatersrand Local Division

Eloff, J.:

This is an application for a winding-up order of the respondent company, which has however been withdrawn, leaving for decision only the matter of costs.

It appears from the papers that in November 1974 the applicant A caused a summons to be issued against respondent for payment of the sum of R2 530,16 for goods sold and delivered. The action was defended. In January 1975 applicant gave notice of its intention to increase its claim to R16 915,32, which it claimed was by then the full amount due to it. Not all of this was due when summons was initially issued.

After the institution of action applicant's attention was drawn B to a circular which had been issued by a firm of attorneys on behalf of the shareholders of the respondent, notifying creditors that they - i.e. the shareholders - had decided to cease respondent's trading activities, to realise its assets and to utilise the proceeds firstly to pay creditors and thereafter the shareholders themselves, and that the C shareholders would add to the funds of the respondent so as to ensure that all liabilities would be discharged before the end of June 1975. In his affidavit the financial director of applicant alleges that it was perturbed at the prospect that by the time its claims had been adjudicated upon respondent might have divested itself of all its D assets. It accordingly caused its attorneys to write to the shareholders' attorneys a letter in which they demanded that applicant's claims be paid pari passu with the claims of other creditors, subject to the distribution in favour of applicant being held in trust pending the outcome of the litigation against respondent. After some delay the attorneys for the shareholders replied intimating that their clients were unwilling to accede to the demand. Applicant thereupon responded that it might have to seek a E liquidation order.

In the meantime, on 23 January 1975, the attorneys for the respondent wrote to applicant's attorneys to say that they had been informed that applicant was threatening to bring liquidation proceedings. They went on to say:

'We write to record (and this has already been recorded in previous correspondence) that our client disputes that your F client has any claim whatsoever against our client and this is a matter which clearly will be dealt with in the action in due course. Our client accordingly denies that your client is a creditor of our client and that your client has locus standi...

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17 practice notes
  • Kalil v Decotex (Pty) Ltd and Another
    • South Africa
    • Invalid date
    ...- D; Meyer NO v Bree Holdings (Pty) Ltd 1972 (3) SA 353 (T) at 354C - 355B; Walter McNaughtan (Pty) Ltd v Impala Caravans (Pty) Ltd 1976 (1) SA 189 (W) at E 191E - H; Prudential Shippers SA Ltd v Tempest Clothing Co (Pty) Ltd and Others (supra at 867E - F); Commonwealth Shippers Ltd v Mayla......
  • Minister of Home Affairs and Another v American Ninja IV Partnership and Another
    • South Africa
    • Invalid date
    ...1959 (3) SA 959 (O); Suzman Ltd v Pather & Sons 1957 (4) SA 690 (D) at 690H-691A; Walter McNaughtan (Pty) Ltd v Impala Caravans Ltd 1976 (1) SA 189 (W) at 192B; Marsh v Odendaalrus Cold J Storages Ltd 1963 1993 (1) SA p262 A (2) SA 263 (W) at 269E, 270B, 270F, 271A, 271B; Moosa v Mahomed 19......
  • Pilot Freight (Pty) Ltd v Von Landsberg Trading (Pty) Ltd
    • South Africa
    • Gauteng Local Division, Johannesburg
    • 25 July 2014
    ...Removals (Pty) Ltd and Others 1984 (1) SA 282 (W): dictum at 293C applied A Walter McNaughtan (Pty) Ltd v Impala Caravans (Pty) Ltd 1976 (1) SA 189 (W): referred England Mann v Goldstein [1968] 2 All ER 769 (Ch): referred to B Re Bayoil SA; Seawind Tankers Corporation v Bayoil SA [1999] 1 A......
  • Pilot Freight (Pty) Ltd v Von Landsberg Trading (Pty) Ltd
    • South Africa
    • Invalid date
    ...Removals (Pty) Ltd and Others 1984 (1) SA 282 (W): dictum at 293C applied A Walter McNaughtan (Pty) Ltd v Impala Caravans (Pty) Ltd 1976 (1) SA 189 (W): referred England Mann v Goldstein [1968] 2 All ER 769 (Ch): referred to B Re Bayoil SA; Seawind Tankers Corporation v Bayoil SA [1999] 1 A......
  • Request a trial to view additional results
17 cases
  • Kalil v Decotex (Pty) Ltd and Another
    • South Africa
    • Invalid date
    ...- D; Meyer NO v Bree Holdings (Pty) Ltd 1972 (3) SA 353 (T) at 354C - 355B; Walter McNaughtan (Pty) Ltd v Impala Caravans (Pty) Ltd 1976 (1) SA 189 (W) at E 191E - H; Prudential Shippers SA Ltd v Tempest Clothing Co (Pty) Ltd and Others (supra at 867E - F); Commonwealth Shippers Ltd v Mayla......
  • Minister of Home Affairs and Another v American Ninja IV Partnership and Another
    • South Africa
    • Invalid date
    ...1959 (3) SA 959 (O); Suzman Ltd v Pather & Sons 1957 (4) SA 690 (D) at 690H-691A; Walter McNaughtan (Pty) Ltd v Impala Caravans Ltd 1976 (1) SA 189 (W) at 192B; Marsh v Odendaalrus Cold J Storages Ltd 1963 1993 (1) SA p262 A (2) SA 263 (W) at 269E, 270B, 270F, 271A, 271B; Moosa v Mahomed 19......
  • Pilot Freight (Pty) Ltd v Von Landsberg Trading (Pty) Ltd
    • South Africa
    • Gauteng Local Division, Johannesburg
    • 25 July 2014
    ...Removals (Pty) Ltd and Others 1984 (1) SA 282 (W): dictum at 293C applied A Walter McNaughtan (Pty) Ltd v Impala Caravans (Pty) Ltd 1976 (1) SA 189 (W): referred England Mann v Goldstein [1968] 2 All ER 769 (Ch): referred to B Re Bayoil SA; Seawind Tankers Corporation v Bayoil SA [1999] 1 A......
  • Pilot Freight (Pty) Ltd v Von Landsberg Trading (Pty) Ltd
    • South Africa
    • Invalid date
    ...Removals (Pty) Ltd and Others 1984 (1) SA 282 (W): dictum at 293C applied A Walter McNaughtan (Pty) Ltd v Impala Caravans (Pty) Ltd 1976 (1) SA 189 (W): referred England Mann v Goldstein [1968] 2 All ER 769 (Ch): referred to B Re Bayoil SA; Seawind Tankers Corporation v Bayoil SA [1999] 1 A......
  • Request a trial to view additional results

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