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ARTICLE · 08 OCTOBER 2024

Requirements For Applications For The Recission Of Final Liquidation Orders

In the case of Louis Jonker and Johanna Jonker v the Land and Agricultural Development Bank of SA and others ..

South AfricaLitigation, Mediation & Arbitration

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.

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