31 July 2023 – The Commissioner of the South African Revenue Service (SARS) has welcomed the order handed down on 26 July 2023 by the Kwa-Zulu Natal Local Division, Durban in which the recalcitrant sole member of Tiar Construction CC (in liquidation) (“Tiar Construction”) was ordered to cooperate with the liquidators in the administration of Tiar Construction’s estate.
The application was instituted by the co-liquidators of Tiar Construction as a last resort to secure the cooperation of the sole member Mr L Marimuthu of the insolvent entity. This was to compel Mr Marimuthu to cooperate with the co-liquidators in the execution of, and to secure compliance with, legal obligations in the winding up of the estate. The issues before the court included the failure of Mr Marimuthu, to disclose the existence of all Tiar Construction’s assets, providing the co-liquidators with all documents and assets relating to the entity, and handing over all documents and assets of the entity.
