Luvon Investments (Pty) Ltd and Another v Thabong Good Health Pharmacy CC (Leave to Appeal) (2023-033874) [2024] ZAGPPHC 1063 (23 October 2024)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: North Gauteng High Court, Pretoria South Africa: North Gauteng High Court, Pretoria You are here: SAFLII >> Databases >> South Africa: North Gauteng High Court, Pretoria >> 2024 >> [2024] ZAGPPHC 1063 | Noteup | LawCite sino index ## Luvon Investments (Pty) Ltd and Another v Thabong Good Health Pharmacy CC (Leave to Appeal) (2023-033874) [2024] ZAGPPHC 1063 (23 October 2024) Luvon Investments (Pty) Ltd and Another v Thabong Good Health Pharmacy CC (Leave to Appeal) (2023-033874) [2024] ZAGPPHC 1063 (23 October 2024) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPPHC/Data/2024_1063.html sino date 23 October 2024 REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA Case No: 2023 - 033874 Reportable: No Of interest to other Judges: No Revised: No SIGNATURE Date: 23/10/2024 In the matter between: LUVON INVESTMENTS (PTY) LTD                                    First Applicant TWIN CITY TRADING (PTY) LTD                                  Second Applicant and THABONG GOOD HEALTH PHARMACY CC                       Respondent JUDGEMENT - APPLICATION FOR LEAVE TO APPEAL MOOKI J # 1The respondent was placed under provisional winding-up on 22 February 2024. The return date to consider whether the order be made final was set for 27 May 2024. The court granted a final winding-up order on 27 May 2024. 1 The respondent was placed under provisional winding-up on 22 February 2024. The return date to consider whether the order be made final was set for 27 May 2024. The court granted a final winding-up order on 27 May 2024. # # 2The respondent seeks leave to appeal the order of 27 May 2024. The application is made on the following grounds. The respondent contends that a final order ought not to have been granted because: 2 The respondent seeks leave to appeal the order of 27 May 2024. The application is made on the following grounds. The respondent contends that a final order ought not to have been granted because: # ## 2.1      The applicants did not comply with section 346 (4A) (a) and (b) of the Companies Act, 61 of 1973; and 2.1      The applicants did not comply with section 346 (4A) (a) and (b) of the Companies Act, 61 of 1973; and ## ## 2.2      The applicants had failed to prove the respondent’s indebtedness, or that amounts were due or payable, or show the respondent’s inability to pay debts. 2.2      The applicants had failed to prove the respondent’s indebtedness, or that amounts were due or payable, or show the respondent’s inability to pay debts. ## # 3The respondent filed opposing papers in proceedings leading to the order on 22 February 2024. The respondent did not file papers in relation to the return date. 3 The respondent filed opposing papers in proceedings leading to the order on 22 February 2024. The respondent did not file papers in relation to the return date. # # 4Counsel for the respondent accepted that the listed grounds for the application were not pleaded. Counsel for the applicants submitted that the respondent is not permitted to make an application on new issues, because the applicants never had the opportunity to address the new issues. 4 Counsel for the respondent accepted that the listed grounds for the application were not pleaded. Counsel for the applicants submitted that the respondent is not permitted to make an application on new issues, because the applicants never had the opportunity to address the new issues. # # 5I agree that the respondent may not seek leave on issues that were never raised. 5 I agree that the respondent may not seek leave on issues that were never raised. # # 6I make the following order: 6 I make the following order: ## 6.1      The application for leave to appeal is dismissed. 6.1      The application for leave to appeal is dismissed. ## 6.2      Costs are in the winding-up. 6.2      Costs are in the winding-up. O MOOKI JUDGE OF THE HIGH COURT GAUTENG DIVISION, PRETORIA Counsel for the applicant (leave to appeal): Mr JMT Tlokana Instructed by: Ngengebule Attorneys   Inc. Counsel for the respondents (leave to appeal) Mr H P Wessels Instructed by: Van Der Merwe &  Associates # Heard: Heard: # 21 October 2024 21 October 2024 # Delivered: Delivered: # 23 October 2024 23 October 2024 sino noindex make_database footer start