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South Africa Case Law

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Commercial And Corporate [2024] ZAFSHC 10

Standard Bank of South Africa v Franlese Boerdery (Pty) Ltd and Others (3058/2023)

Standard Bank of South Africa v Franlese Boerdery (Pty) Ltd and Others (3058/2023) [2024] ZAFSHC 10 (25 January 2024)

The High Court dismissed leave to appeal against an order converting business rescue into liquidation, finding no reasonable prospect of success.

  • Business Rescue
  • Leave To Appeal
  • Companies Act Section 153
  • Liquidation Proceedings
  • Creditor Rights
  • Leave-to-appeal
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Commercial And Corporate [2021] ZAGPPHC 352

Naude and Another v Servigraph 42 Close Corporation and Others (21236/2021)

Naude and Another v Servigraph 42 Close Corporation and Others (21236/2021) [2021] ZAGPPHC 352 (14 May 2021)

The High Court dismissed an urgent challenge to the termination of business rescue, finding the practitioners acted jointly and new reply material was impermissible.

  • Business Rescue Termination
  • Companies Act Section 153
  • Urgent Application Requirements
  • Joint Action By Practitioners
  • Business-rescue
  • Companies-act
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Commercial And Corporate [2019] ZAWCHC 112

Ferrostaal Gmb and Another Transnet SOC Limited t/a Transnet National Ports Authority and Another (13342/2019)

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)

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…

  • Business Rescue
  • Companies Act Section 153
  • Creditor Rights
  • Lease Agreements
  • Liquidation Dividend
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Commercial And Corporate [2015] ZAGPPHC 783

Ex parte: Bhidshi Investments CC (20189/14)

Ex parte: Bhidshi Investments CC (20189/14) [2015] ZAGPPHC 783 (7 October 2015)

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.

  • Business Rescue
  • Creditor Rights
  • Companies Act Section 153
  • Business Rescue Plan Rejection
  • Business-rescue
  • Creditor-rights
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Commercial And Corporate [2015] ZAGPPHC 221

KJ Foods CC v First National Bank (75627/2013)

KJ Foods CC v First National Bank (75627/2013) [2015] ZAGPPHC 221 (23 April 2015)

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).

  • Business Rescue
  • Companies Act Section 153
  • Creditor Rights
  • Liquidation Vs Rescue
  • Business-rescue
  • Companies-act-section-153
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.