South Africa: Free State High Court, Bloemfontein

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Ex Parte Majiedt NO and Others (1105/2009) [2009] ZAFSHC 32 (19 March 2009)

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IN THE HIGH COURT OF SOUTH AFRICA

(FREE STATE PROVINCIAL DIVISION)


Case No. : 1105/2009


In the EX PARTE matter between:-


DONOVAN THEODORE MAJIEDT N.O. 1st Applicant

CHAVONNES BADENHORST ST CLAIR 2nd Applicant

COOPER N.O.

LUKE BERNARD SAFFY N.O. 3rd Applicant

SIMON MALEBO RAMPOPORO N.O. 4th Applicant

(in their capacities as provisional liquidators)

ATLANTIS FORGE (EDMS) BEPERK [IN LIKWIDASIE]

_____________________________________________________


CORAM: H.M. MUSI, JP

_____________________________________________________


HEARD ON: 5 MARCH 2009

_____________________________________________________


DELIVERED ON: 19 MARCH 2009

_____________________________________________________


JUDGMENT

_____________________________________________________


H.M. MUSI, JP


[1] This is an urgent application brought by the provisional liquidators of Atlantis Forge (Pty) Ltd which was put under provisional liquidation by an order of this court on 18 February 2009. The provisional liquidators seek leave to raise money on the security of the assets of the company in terms of section 386(5) of the Companies Act and other relief. The application was before me on 5 March 2009 and was postponed sine die to await judgment in the matter of Solidarity In Re Arno van Wyk and Atlantis Forge (Pty) Ltd, case number 779/2009. The reason for the postponement was that if the provisional order of liquidation which was the bone of contention in the Solidarity-application is set aside, then the basis for the instant application would fall away. That is precisely what has happened and the instant application simply collapses.


[2] The application is struck off the roll and there shall be no order as to costs.

____________

H.M. MUSI, JP



On behalf of applicants: Adv. P. Zietsman

Instructed by:

E G Cooper Majiedt Inc

BLOEMFONTEIN



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