Rand Produce Supply Co v Orchards Dairy Ltd [1912] ZAWLD 22 (30 May 1912)

Company - Winding-up - Petition- Essential Allegations - Act 31 of 1909, secs. 112 and 113.

An allegation in a petition for winding-up that payment has been demanded of the amount of indebtedness due by a company is not a sufficient allegation under section 113 (1) of the Companies Act, 1909.

A petition for winding-up is demurrable which contains only an allegation that the company is unable to pay its debts, without alleging further facts in support of such statement.

Semble, an allegation that a company is not in a position to pay its liabilities is not equivalent to an allegation that the company is unable to pay its debts.