In the case of Louis Jonker and Johanna Jonker v the Land
and Agricultural Development Bank of SA and others, the Free
State Division of the High Court heard an application instituted by
Louis and Johanna Jonker ('the
applicants') for the setting aside of a final
liquidation order granted against Jonker Products CC, an entity in
which Louis was the sole member and Johanna was an employee and
creditor.
The High Court examined allegations of intentional
misrepresentations made by the party who had instituted the
liquidation application – the Land and Agricultural
Development Bank of South Africa ('Land
Bank') – and the common law and statutory
requirements to rescind the final winding-up order granted by the
court of first instance.