This is an AI-generated summary of a selected monitored public legal source and may omit context. It is general information only, not legal advice, and is not a substitute for reading the source or consulting an attorney.
AI summary
The Western Cape High Court considered an application for leave to appeal in a matter about void dispositions under section 341(2) of the Companies Act 61 of 1973 and prescription. The court said the issue involved when prescription could begin to run in relation to a backdated winding-up order and granted leave to appeal to the Supreme Court of Appeal.
This appears to concern the timing of prescription and recovery of void dispositions in liquidation matters.
Evidence from source
Application for leave to appeal – ss 17(1)(a)(i) and 17 (6)(a) of the Superior Courts Act 10 of 2013 – claim for recovery of void dispositions under s 341(2) of the Companies Act 61 of 1973 dismissed on prescription
Supports: Summary sentence 1
whether prescription under s 12 of the Prescription Act 68 of 1969 can commence before grant of the winding-up order which renders s 341(2) operative
Supports: Summary sentence 2
the applicants are granted leave to appeal to the Supreme Court of Appeal is granted against the judgment and order granted on 6 July 2026.
Supports: Summary sentence 2