Naude and Another v Servigraph 42 Close Corporation and Others (21236/2021) [2021] ZAGPPHC 352 (14 May 2021)
Court
North Gauteng High Court, Pretoria
Case number
21236/2021
Judge
NE Nkosi
The High Court dismissed an urgent challenge to the termination of business rescue, finding the practitioners acted jointly and new reply material was impermissible.
Ferrostaal Gmb and Another Transnet SOC Limited t/a Transnet National Ports Authority and Another (13342/2019) [2019] ZAWCHC 112; [2019] 4 All SA 409 (WCC) ; 2019 (6) SA 490 (WCC) (29 August 2019)
Court
Western Cape High Court, Cape Town
Case number
13342/2019
Judge
Bozalek
The court found that the revised business rescue plan failed to provide adequate certainty and protection for TNPA's interests, particularly regarding the repayment of substantial arrear rentals and future rental obligations. The plan deferred repayment of arrears for three years and made it contingent on uncertain future negotiations for a lease extension, with no security or guarantees provided. The court noted that compelling TNPA to approve a sub-lease would require it to exercise contractual rights in a manner directed by the court, which has far-reaching implications. The applicants' as…
Ex parte: Bhidshi Investments CC (20189/14) [2015] ZAGPPHC 783 (7 October 2015)
Court
North Gauteng High Court, Pretoria
Case number
20189/14
Judge
H R Fourie
The court dismissed an application to set aside FirstRand Bank’s vote rejecting a business rescue plan, finding the rejection was not inappropriate under section 153.
KJ Foods CC v First National Bank (75627/2013) [2015] ZAGPPHC 221 (23 April 2015)
Court
North Gauteng High Court, Pretoria
Case number
75627/2013
Judge
N M Mavundla
The High Court set aside a creditor’s rejection of a revised business rescue plan, adopted the plan, and held the vote inappropriate under section 153(7).