AM044228
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, JOHANNESBURG)
CASE NUMBER:
2023- 005174 In the matter between: CASE NUMBER: 007819/2022 SG COAL (PTY) LTD
APPLICANT And
BERYL COAL (PTY) LTD
RESPONDENT and
In the matter between: CASE NUMBER: 022339/2022 INCEKU MINING (PTY) LTD
APPLICANT and
BERYL COAL (PTY) LTD
RESPONDENT and
In the matter between: CASE NUMBER: 0400604/2022 SG COAL (PTY) LTD
APPLICANT and
BERYL COAL (PTY) LTD (in Business Rescue)
FIRST RESPONDENT
KURT ROBERT KNOOP N.O.
SECOND RESPONDENT
THE MASTER OF THE HIGH COURT
THIRD RESPONDENT
JOHANNES ZACHARIAS HUMAN MULLER N.O.
FOURTH RESPONDENT
MAC MOSES BALOYI N.O.
FIFTH RESPONDENT
JIMMY BALOYI N.O.
SIXTH RESPONDENT
INCEKU MINING (PTY) LTD
SEVENTH RESPONDENT
BERYL PARTNERS SA (PTY) LTD
EIGHTH RESPONDENT
and
In the matter between: CASE NUMBER: 38877/2022 (Pretoria)
INCEKU MINING (PTY) LTD
APPLICANT and
BERYL COAL (PTY) LTD
FIRST RESPONDENT
KURT ROBERT KNOOP
SECOND RESPONDENT
KURT ROBERT KNOOP N.O.
THIRD RESPONDENT
REABETSWE KGOROEADIRA
FOURTH RESPONDENT
JUDGMENT Orders
1.The application by Beryl Partners to place Beryl Coal in business rescue is struck from the roll. Beryl Partners is ordered to pay the costs of Inceku, such costs to include the costs of two counsel.
2.The separate applications for liquidation brought against Beryl Coal by Inceku and SG Coal are hereby consolidated and the existing provisional order of liquidation replaced with an order placing Beryl Coal in provisional winding up at the instance of Inceku as liquidating creditor.
3.The date on which the winding up is to commence is the date of deemed Commencement consent of the winding up application sought by SG Coal in case number 2022- 007819.
4. The return date of the provisional winding up application is 31 October 2023.
5.The costs of the consolidated applications, including the costs previously reserved, are costs in the winding up.
6.Beryl Partners is ordered to pay the reserved costs of 25 January 2023 under case number 2022-040604, which costs include the costs of two counsel.
7.The interim interdict of 13 July 2023 under case number 2022-058266 (Pretoria) is discharged.
8.The order for liquidation of Beryl Coal, obtained by SG Coal, is discharged.
9.The business rescue proceedings initiated by the adoption of a Board resolution in terms of section 129 on 25 August 2022, are set aside.
10. The application by Beryl Partners, to amend or condone the return of service, is dismissed with costs.
Wepener J
Heard: 1 August 2023 and 11 September 2023
Delivered: 11 September 2023
For the Inceku Mining (Pty) Limited: Adv P.G. Cilliers SC
With him: Adv B. Steyn
Instructed by: J.W. Botes Incorporated
For the Beryl Coal (Pty) Limited, Beryl Partners SA (Pty) Limited
and K.R. Knoop (and K.R. Knoop N.O.): Adv M.V.R. Potgieter SC
With him: Adv L.V.R. van Tonder
Instructed by: Smit Sewgoolam Incorporated
For the Joint Provisional Liquidators: Adv J. Hershenson
With him: Adv R. de Leeuw
Instructed by: Schabort Potgieter Attorneys Incorporated
Reference Number: AM044228
