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LATEST NEWS : JUNE 2022

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CASE NO.: 2022/13239

 

IN THE HIGH COURT OF SOUTH AFRICA

(GAUTENG DIVISION, JOHANNESBURG)

                                                                                               

In the ex-parte application of:

 

DE JAGER: ANDRIES THEODORUS

 

AND

 

DE JAGER: CHANTEL

 

(MARRIED IN COMMUNITY OF PROPERTY)

 

(For the surrender of their estate)

 

VOLUNTARY SURRENDER

 

Another victory to our clients, this judgement confirms the faith we have in our Courts and Judges.  In this application we brought a surrender application with only a benefit of 0.015c/r, that is only one cent in the Rand benefit.

 

Our Judge had the discretion to grant the order and, with sufficient reasons, the application was granted.  Take note that there is no “precedent” that 20c in the rand, or more, is required.  The banks need to take note of the Judge’s discretion.

 

Well done to our client’s, legal team, the office ladies and Adv. Jaco Carstens. 

 

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CASE NUMBER: 2021/6731                                Click HERE to view detail

 

IN THE MATTER BETWEEN:

 

MAIN APPLICATION:

PHILLIP CLOETE GREYLING                                            APPLICANT

 

AND

 

PHEIN PROJECTS (PTY) LTD                                          FIRST RESPONDENT

 

WILLEM HENDRIK JACOBUS HERBST                         SECOND RESPONDENT

 

 

APPLICATION TO INTERVENE

WILLEM HENDRIK JACOBUS HERBST                         FIRST INTERVENING PARTY

 

KENMARE HEIN HARDEWADE (PTY) LTD                  SECOND INTERVENING PARTY

 

 

 

COUNTER APPLICATION:

WILLEM HENDRIK JACOBUS HERBST                         FIRST APPLICANT

 

PHEIN PROJECTS (PTY) LTD                                          SECOND APPLICANT

 

AND

 

PHILLIP CLOETE GREYING                                             RESPONDENT

 

 

A provisional order was granted on the 16th of May 2022 in terms of which Phein was provisionally liquidated.  The following was apparent:

 

i)                    The Respondent opposed and delayed the application.

ii)                   The Respondent had no regard for the rules of the court to the extent that the Honourable Judge did not see the affidavit it filed late with no application for condonation. 

iii)                 The Respondent was not able to present the non sensical drivel he attested to in in its affidavits to the Honourable Judge.

 

 

But let it not be me who advise you, advise us and we hall join you on caselines to see for yourself.

 

Well done to our team which included Advocate Carstens, the office ladies and the Greylings for their trust in our judicial system which was the ultimate winner. 

 

G.D. FICQ !!!!!

 

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CASE NUMBER: 2019/19299

 

KALBRO CC (IN LIQUIDATION)                                                                    

(ESTATE NUMBER: G1196/2017)

 

Vs

 

HARI CHEMICALS CC

 

IN RE: INSOLVENT ESTATE KALBRO CC (IN LIQUIDATION)

G1196/2017)

 

After a year long legal battle the occupiers of a property we liquidated decided to vacate the premises.  They had two law firms acting for them but were still evicted.  But let it not be me who inform you, we shall invite you on caselines to see for yourselves. 

 

Well done Team, Advocate Carstens, Aneesha and Archie. 

 

Our legal team is Tops !!!!

 

 

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NEWS : MAY 2022

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CASE NUMBER: 2021/6731

 

PHILLIP CLOETE GREYLING // PHEIN PROJECTS (PTY) LTD AND 1 OTHER

 

What a success, the provisional liquidation order granted by the Honourable Judge Twala. 

 

The liquidation application was issued in February 2021 and opposed by Mr. Hein Herbst via his attorney, Mr. Johan van Heerden of Pretoria.  The filed and filed long opposing affidavits which contained absolute non legal drivel, so much so that it was difficult to understand.  The result of filing the drivel was that attorneys Johan van Heerden withdrew weeks before the hearing leaving his client, Mr. Hein Herbst in the lurch, so shocking. 

 

Mr. Herbst was left helpless in court by his legal team.  But let it not be us who tell you, see for yourself.  Contact us and we shall invite you on the matter on caselines so you may read for yourself, it is a public document.

 

Well done Team, Adv. Carstens and the office.

 

G.D. Ficq

 

 

 

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NEWS : MARCH 2022

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Some further good news for the Month of March 2022. 

 

Another 3 successful applications granted !!!!!

 

Report on our granted High Court Applications:

 

Sequestrations:

 

-          Ex Parte Tony Correia Mestre.

-          Ex Parte Johan Oelofse.

-          Ex Parte Clem da Matta Frizado and Senuschka Frizado.

 

Well done Team !!!

 

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Further good news:

 

10 successful applications granted in 2 weeks !!!

Not too bad for a small firm doing a big firm’s work.

 

Report on our granted High Court applications:

 

Liquidations:

 

-          Ex Parte Xep Recycling

-          Ex Parte A to Y Gas CC

-          Ex Parte To-Mes Projects

-          Ex Parte To-TJD Investments

-          Ex Parte Mestre Investments

 

Rehabilitations:

 

-          Ex Parte Petro Basson

-          Ex Parte Inge Helene Strauss

-          Ex Parte Paul and Tanja Nel

 

Sequestrations:

 

-          Ex Parte Tamara Jayne Pappin

-          Ex Parte Johan Oelofse

 

 

There are more to follow in March. 

 

Caselines proving to be effective and prevents opponents being mischievous with their filing. 

 

WELL DONE TEAM !!!

 

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WHAT LIES AHEAD FOR 2022

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Now that we left 2021 behind we need to reflect on what may transpire in 2022.  We were protected during the covid years 2020 and 2021, but cannot continue as the economy needs to pick up and the Government cannot sponsor us any longer.  Numerous companies and businesses have just survived by not paying debt such as councils, labour and SARS.  Many of the businesses have closed its doors without taking into consideration debts to SARS and the banks. 

 

This cannot continue and the banks, councils and SARS are taking action.  It is now the time to remove from your portfolio those struggling entities and liquidate them.  You are when you liquidate, protected from SARS but not if you do not liquidate.

 

Rather start a new venture by using the skill you have acquired over the years. 

 

Let us assist you in disposing of your non running entities. 

 

G.D Ficq Attorneys

 

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EX-PARTE MARISSA JUANETTA SMIT

CASE NUMBER: 2020/20330

JOHANNESBURG HIGH COURT

 

Order granted on the 3rd of June 2021 for the voluntary sequestration of Mrs. Smit. 

 

Page 10 of the application reveals no dividend to concurrent creditors.  The court used its discretion and granted the order. 

 

Click HERE to view detail

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WILKEN F.J // FREYSEN WILLIE NO

CASE NUMBER: 2019/08813

JOHANNESBURG HIGH COURT

 

The latest on this important matter:

i)              In terms of the Judgment by the Honourable Judge Dippenaar, receiver and liquidator of divorce estates fees are guarded by Section 84(1)(b) of the Administration of Estates Act 66 of 1965, that is if the letter of authority does not deal with the receiver and liquidators fees. That is the matter herein.

ii)             In this matter Mr. Freysen was instructed by the Court to submit his account in terms of Section 84(1)(b) to the Master.

iii)            Mr. Freysen did draw and submit an Administration Account which is attached hereto. Subsequent to the drawing of the Account there is two problems namely:

a)    Mr. Freysen’s Account is excessive to the amount of R710 472-51.

b)    The Master is not willing to assess the account.

c)     It is not apparent from Mr. Freysen’s account if the sale proceeds were invested.

iv)            The following now needs to be done:

d)    Application be made against the Master and Mr. Freysen to compel the Master to assess.

e)    Have Mr. Freysen’s account assessed and request that his fees be waived due to his reluctance to account to the Applicant and as the Honourable Judge remarks “that he was been manifesting remiss in doing so:

f)      Bring an Application to compel Mr. Freysen to invest the client’s funds. We do not understand that Mr. Freysen can refuse to invest client’s funds. What would the reason be to refuse? The court need to decide.

 

We shall keep you posted on the further developments.

 

Click HERE to view this Judgement

 

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PARACHUTE SYSTEMS (PTY) LTD

(REG NO: 2016/399143/07)

 

CASE NUMBER: D6288/209

DURBAN HIGH COURT

 

We successfully brought an ex-parte liquidation Application which was granted on the 20th of February 2020 in the Durban High Court of South Africa.

 

Congratulations to Advocate van Rooyen and my office.

Well done for showing them how to do it.

 

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NEWS : SEPTEMBER 2019

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WILKEN FREDERICK JACOBUS APPLICANT

 

FREYSEN WILLIE RESPONDENT

 

CASE NUMBER:8813/2019

JOHANNESBURG HIGH COURT

 

Judgement received in the above matter. After a year of fighting for our client’s rights against Freysen Attorneys we now won the matter.

 

Congratulations Adv. Jaco Carstens and my office.

 

Well done for showing them how to do it.

 

Click HERE to view this Judgement

 

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JACQUIE MEYER- APPLICANT

DYKES VAN HEERDEN(GAUTENG) INC ATTORNEYS - FIRST RESPONDENT

JOLINE MARIA SMUTS N.O - SECOND RESPONDENT

CASPER JEREMIAH SMUTS N.O THIRD RESPONDENT

 

CASE NUMBER: 38466/2018

JOHANNESBURG HIGH COURT

 

An urgent Application brought against our clients, the Smutses on the 25th of October 2018. Matter settled after two weeks of hard work. The Application by Jacquie Meyer was unfounded as the contract had lapsed and confirmed by the Judge with a order of costs granted. Well done to our team including Jaco Carstens, Zareen Magee and Gui Ficq.

 

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CHRISTOFFEL JOHANNES VAN NIEKERK & ELIZABETH CATHARINA MAGRIETHA VAN NIEKERK // VOLUNTARY SURRENDER

 

CASE NUMBER M338/2018

MAHIKENG HIGH COURT

 

Application for surrender, granted on the 25th of OCTOBER 2018. Client’s properties situated in North West. Master Mahikeng appointed wrong liquidators. We protected our clients interests, obtained Obaro’s claims and had Jaap Oelofsen Trustees Appointed on the 1st Creditors meeting which took place on the 2nd of January 2019.

 

Well done Zareen Magee and to Advocate C.J Zwiegelaar for another successful Application and the team who attended the 1st Creditors Meeting.

 

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CITY OF TSHWANE METROPOLITAN MUNICIPALITY                 Applicant

and

DANKOSTEP (PTY) LTD                                                                  Respondent

 

CASE NUMBER: 5055/2018

PRETORIA HIGH COURT

 

We provisionally liquidated Dankostep (PTY) LTD.

Dankostep brought an urgent Application for a 3rd party to enter.

Said Application was dismissed with costs.

 

Well done Adv. Jaco Vorster and Leandri of our offices.

 

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DESIA WALKLEY                                 APPLICANT

DAVID KURTZAHN WALKLEY             FIRST RESPONDENT

MARCEL HUGLI                                   SECOND RESPONDENT

AUCTION PRO                                     THIRD RESPONDENT

WALKLEY & SONS (PTY) LTD             FOURTH RESPONDENT

CASE NUMBER: 36593/2018

PRETORIA HIGH COURT

 

An urgent Anton Pillar and a further urgent Application brought against our client Dave Walkley. Matter settled after three weeks of hard work. The Applications against Dave Walkley was unfounded and confirmed by the Judge. Well done to our team including Jaco Carstens, Zareen Magee and Gui Ficq.

 

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PAUL JACOBUS BURGER & CHARMAIN ELIZABETH BURGER // VOLUNTARY SURRENDER

CASE NUMBER 11342/2018

JOHANNESBURG HIGH COURT

Application for surrender, granted on the 07th of JUNE 2018. Client’s property situated in Discovery Roodepoort. ABSA Bank did not oppose the Application.

Well done Zareen Magee and to Advocate Jaco Carstens from Johannesburg.

 

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BUILCON CC // LIQUIDATION

CASE NUMBER: 11565/2018

JOHANNESBURG HIGH COURT

 

Ex-parte liquidation granted on the 20th of JUNE 2018:

Final order granted in Johannesburg High Court. None of the creditors opposed the Application even after all the creditors were notified.

Well done Zareen Magee and to Advocate Jaco Carstens from Johannesburg.

 

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ADRIAANSE: JOHANNES JACOBUS N.O / ADRIAANSE: ADRIANA JAKOBA N.O / VAN DER WALT: HESTER CECILIA N.O. on behalf of the ADRIAANSE FAMILIE TRUST / TRUST NO: IT13115/07 // HEUWELKOR TIEN (PTY) LIMITED

CASE NUMBER: 14/41958

JOHANNESBURG HIGH COURT

Application in terms of Section 83(4) of the Companies Act.

Application for liquidation of Heuwelkor Tien (Pty) Ltd.

The end of a three year battle. Notwithstanding the opposition by Leonie Anne Malan the above orders were granted. Malan refused to comply with the Companies Act, conducted the business at Heuwelkor trading as The Bond while being deregistered. She attempted to mislead the Court but did not succeed. The presiding Judge was Justice Masipa.

After the reinstatement we applied for Heuwelkor's liquidation. Once again Malan and Heuwelkor attempted to mislead the Court but to no avail. The final liquidation order was granted on the 18th of April 2016. Now to set aside all disputes and sell The Bond. Well done to Lozaan du Plessis, Advocate Robbertse and Advocate J Carstens.

 

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SIBISI Y.B. // DEPARTMENT OF HOME AFFAIRS / THE MASTER OF THE HIGH COURT, JOHANNESBURG / RAMOSHABA M.N.

CASE NUMBER: 2016/3436

JOHANNESBURG HIGH COURT

Application for the registration of a customary union in terms of Section 4 of Act 120 of 1998. Notwithstanding being opposed, the order was granted.

Well done to Lozaan du Plessis, Archibald Masogo and Advocate J Carstens.

 

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WOODS, ARTHOR HILTON // VOLUNTARY SURRENDER

CASE NUMBER 2016/10849

JOHANNESBURG HIGH COURT

Application for surrender, granted on the 05th of May 2016. Client’s property sold in execution by Nedbank. Property sold at below valuation. Notwithstanding Nedbank's intention to oppose, the Application was granted.

Well done to Zareen Magee and Advocate J. Carstens.

 

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KONINKLIJKE JOH. ENSCHEDÉ B.V. vs. SOUTH AFRICAN POST OFFICE LIMITED

CASE NUMBER: 87056/2015

PRETORIA HIGH COURT

 

Summary Judgment Application:

 

Summons issued for €1 613 000,00 for the manufacture and purchase of the Nelson Mandela stamps. The South African Post Office defended. The Application for Summary Judgment to be heard on Monday the 25th of January 2016.

 

We shall keep you posted on developments and the outcome.

 

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ASH PLANT CC // KHAYALALETHU HOMES CC

CASE NUMBER: 95112/2015

PRETORIA HIGH COURT

 

Liquidation granted on the 18th of January 2016:

 

Provisional Liquidation granted with return date. The Respondent did not oppose the Application.

 

Well done office and to Advocate Jako Vorster of Pretoria.

 

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CITY OF TSHWANE METROPOLITAN MUNICIPALITY // LYNNWOOD FORUM (PTY) LTD 

CASE NUMBER: 2015/3063

GAUTENG DIVISION, PRETORIA

 

A provisional order was granted after Lynnwood Forum (PTY) Ltd refused to pay the city Council.  The Provisional order was discharged after payments were settled.  Lynnwood Forum (PTY) Ltd, notwithstanding filing legal arguments did not wish to argue and rather settled.  Well done to the office and Advocate Jako Vorster. 

 

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MERAFONG CITY LOCAL MUNICIPALITY // FOCH ABATTOIR AND COLD MEATS CC

CASE NUMBER: 15/23367

GAUTENG LOCAL DIVISION, JOHANNESBURG

 

Foch Abattoir and Cold Meats CC were successfully liquidated on the 6th of October 2015.  Notwithstanding proper notice they still did not oppose.  What is the reason for that?  Well done to the office and Advocate Robbertse. 

 

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MERAFONG CITY LOCAL MUNICIPALITY // TEXLAND MEAT (PTY) LTD

CASE NUMBER: 2015/24227

GAUTENG LOCAL DIVISION, JOHANNESBURG

 

Texland Meat (PTY) Ltd was liquidated on the 11th of August 2015 without any opposition.  Texland Meat (PTY) Ltd appears to be rather large with creditors in the excess of R20,000,000.  I believe a compromise will be reached.  Well done to the office and Advocate Robbertse

 

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