Dear Creditors

Welcome to Summit Trust.

Kindly be advised that Jochen Eckhoff and Angelene Poole will be attending to the liquidation of Motion Fitness (Pty) Ltd  (In Liquidation) “Motion Fitness”. Furthermore, all communications regarding this estate (progress reports, creditor reports, meeting of creditors etc.) will be done via this online estate profile, the Government Gazette and one or more newspapers circulating in the district in which the company was registered or had its main place of business. If you register to this online estate profile you will receive notifications, via email, every time it is updated. In this regard, we kindly request that you familiarize yourself with our disclaimer available at the bottom of this webpage.

Kindly be advised that Motion Fitness was voluntary liquidated by the Directors and Members of the company via the CIPC in terms of section 352(2) of the Companies Act 61 of 1973 on 24 March 2020.Furthermore, The Master of the High Court, Cape Town “The Master” appointed Jochen Eckhoff  (Summit Trust) and Angelene Poole as Provisional Liquidators of Motion Fitness on 2 July 2020. It is the duty of the Provisional Liquidators to take control of the company’s assets and not to report on the company’s affairs. The Liquidators will submit a formal report at the second meeting of creditors and contributories in terms of section 402 of the Companies Act No. 61 of 1973.

The Master will now convene, by notice in the Gazette, a first meeting of the creditors and members of the estate for, inter alia, the proof of their claims against the estate. The Master shall publish such notice on a date not less than ten days before the date upon which the meetings is to be held and shall in such notice state the time and place at which the meetings is to be held.

Kindly download the claim form which you will see on the right-hand side of your screen. The claim must be completed, signed, commissioned and supported with documents proving your claim. If the claim is in your personal capacity, then you must complete the power of attorney for a representative, who will prove your claim at the creditors meeting, but if Motion Fitness owes a company money which you represent then both the company resolutions and the power of attorney, attached to the claim, must be completed. If goods were sold and delivered to Motion Fitness on an open account then a statement must be submitted in support of the claim showing the monthly total and a brief description of the purchases and payments for the full period of trading or for the period of 12 months immediately before the date of liquidation, 24 March 2020, whichever is the lesser.

The claim must be emailed to our offices, Stephan@summittrust.co.za, within 14 days from 31 July 2020. If the claim is correct, we will advise you to deliver or courier the original claim to our offices: Summit Trust, 6^th Floor, 50 Long Street, Cape Town.

The first meeting of creditors and members was successfully held and closed on 10 September 2020 at the Somerset West Magistrate’s Court at 09h00. The Liquidators shall, within three months, convene the second meeting of creditors and contributories. The purpose of the second meeting of creditors and contributories is to prove additional claims against the estate, adopt resolutions and to table a formal report to creditors and contributories. The time, date and place of the second meeting of creditors and contributories will be made available on this website.

The second meeting of creditors and contributories was successfully held and closed on 10 December 2020. The Liquidators will now proceed to wind-up the company in accordance with their report and resolutions adopted at the second meeting of creditors and contributories. The first account will be submitted by 23 March 2021.

A special meeting of creditors has been convened to take place on 18 March 2021 for further proof of claims.

Kindly be advised that the Government Printing Department is experiencing technical issues with the publishing of the Government Gazette, which in turn affects both the Master of the High Court as well as Summit Trust’s ability to, inter alia, convene meetings of creditors, publish notices of inspection of liquidation and distribution accounts and publish notices of confirmation of liquidation and distribution accounts. In this regard, please see attached correspondence from the South African Restructuring & Insolvency Practitioners Association (SARIPA) and the Government Printing Department’s response thereto.

In light of the aforesaid, the special meeting of creditors that was scheduled to take place on 18 March 2021 was postponed. A new date will be scheduled and posted on the Summit Trust website.

A special meeting of creditors is convened to be held on 21 October 2021.

The First and Final Liquidation, Distribution and Contribution Account was confirmed by the Master on 4 January 2022. The Liquidators will now proceed to distribute the assets of the company in accordance with the First and Final Liquidation, Distribution and Contribution Account.

The Master will release the Liquidators from the estate and their duties after the distribution of assets have taken place. When the Liquidators receive the Master’s release note the liquidation process will be finalized.