United Fresh Meat Supply Co v Feitelberg and Co Ltd [1911] ZAWLD 2 (7 February 1911)

Company - Winding-up - Stay of actions - Leave to institute - Time - Costs - Act 31 of 1909, sect.119.

In a case where there is no urgency leave to institute a vindicatory action against a company, being wound up under order of Court, will only be granted, under sect.119 of Act 31 of 1909, when a liquidator has been appointed finally and not provisionally.

In such a case vindicatory proceedings should not be instituted against a liquidator who has promised to consider the claim, until he has had a reasonable time after his appointment to consider the merits. If such proceedings be instituted before the lapse of such reasonable time, and the liquidator accepts the claim, the applicant should be ordered to pay the costs of the proceedings.