Usher N.O v Abrina 284 (Pty) Limited and Another (15185/22P)
Usher N.O v Abrina 284 (Pty) Limited and Another (15185/22P) [2023] ZAKZPHC 102 (6 October 2023)
The court found that the business rescue practitioner had established reasonable grounds for concluding that there was no reasonable prospect of rescuing the respondent. The amended business rescue plan was dependent on a capital injection that was not forthcoming despite multiple extensions. The respondent was commercially insolvent, unable to meet its operational expenses, and alternative avenues suggested by the intervening creditor were speculative and lacked factual foundation. The practitioner had considered and responded to all proposed alternatives, and the facts demonstrated that liq…
Source excerpt
- Business Rescue
- Winding Up
- Companies Act Section 141
- Creditor Rights
- Liquidation Orders