In a recent decision of the Supreme Court of Appeal in the matter of Gainsford N.O. and others v Tanzer Transport (Pty) Ltd it was held that liquidators may sue in their capacity as liquidators or in the name of the company in liquidation. The Court remarked that a distinction between the locus standi accorded to the company in liquidation and that of its liquidators acting in their representative capacity is pedantic or illusory and would amount to elevating form above substance.