Dupont NO and Others and Lehlobo's Trading and Enterprise (Pty) Ltd ta Lehlobo Auto Body Repairs and Others - Leave to Appeal (123253/2023) [2024] ZAGPJHC 608 (1 July 2024)

Dupont NO and Others and Lehlobo's Trading and Enterprise (Pty) Ltd ta Lehlobo Auto Body Repairs and Others - Leave to Appeal (123253/2023) [2024] ZAGPJHC 608 (1 July 2024)

The application for leave to appeal was dismissed because the respondents failed to demonstrate any reasonable prospect of success on appeal. The court found that the procedural grounds raised were without merit, as no prejudice was suffered by the respondents due to the admission of the supplementary affidavit or...

Source-derived case information.

Citation
[2024] ZAGPJHC 608
Parties
Applicant: Stephen Robert Dupont N.O.; Applicant: Donya Dupont N.O.; Applicant: Kosta Georgiev N.O.; Respondent: Lehlobo’s Trading and Enterprise (Pty) Ltd t/a Lehlobo Auto Body Repairs (in business rescue); Respondent: Herbert Bongani Mathibela N.O.; Respondent: Companies and Intellectual Property Commission
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
1 July 2024
Case Number
123253/2023
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Ex Tempore Judgment and Orders on Urgent Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
Marcus
Legal Topics
Business Rescue, Leave to Appeal, Provisional Winding Up, Urgent Application, Amendment of Notice of Motion
Commercial and Corporate Civil Procedure Business Rescue Leave to Appeal Provisional Winding Up Urgent Application Amendment of Notice of Motion

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Summary, issues, holding and outcome

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Parties

Stephen Robert Dupont N.O.

Applicant

Donya Dupont N.O.

Applicant

Kosta Georgiev N.O.

Applicant

Lehlobo’s Trading and Enterprise (Pty) Ltd t/a Lehlobo Auto Body Repairs (in business rescue)

Respondent

Herbert Bongani Mathibela N.O.

Respondent

Companies and Intellectual Property Commission

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Ex Tempore Judgment and Orders on Urgent Application

Legal Issues

  1. 1 Whether the appeal has reasonable prospects of success as required by section 17 of the Superior Courts Act.
  2. 2 Whether the court erred in admitting a supplementary affidavit and allowing amendment of the notice of motion.
  3. 3 Whether the business rescue plan was properly considered and whether it had been adopted.

Ratio Decidendi

The application for leave to appeal was dismissed because the respondents failed to demonstrate any reasonable prospect of success on appeal. The court found that the procedural grounds raised were without merit, as no prejudice was suffered by the respondents due to the admission of the supplementary affidavit or the amendment of the notice of motion. The business rescue plan had not been adopted and did not reflect the changed circumstances necessitating urgent intervention. The factual evidence established that the company was financially distressed with no reasonable prospect of being rescued, justifying the setting aside of the business rescue resolution and the appointment of the...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.