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South Africa Case Law

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Commercial And Corporate [2024] ZAGPJHC 1158

Mahomed Mahier Tayob N.O and Another v Standard Bank of South Africa Ltd and Others (078256/2023)

Mahomed Mahier Tayob N.O and Another v Standard Bank of South Africa Ltd and Others (078256/2023) [2024] ZAGPJHC 1158 (14 November 2024)

Court
South Gauteng High Court, Johannesburg
Case number
078256/2023
Judge
Vally

The High Court dismissed an application to set aside creditor votes rejecting a business rescue plan, finding the plan unrealistic, prolonged, and unfair to creditors.

  • Business Rescue
  • Creditor Voting
  • Companies Act 71 Of 2008
  • Liquidation Vs Rescue
  • Post Commencement Finance
  • Business-rescue
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Commercial And Corporate [2018] ZALMPPHC 38

Tombstone v Commissioner for South African Revenue Services (7107/2017)

Tombstone v Commissioner for South African Revenue Services (7107/2017) [2018] ZALMPPHC 38 (29 June 2018)

Court
Limpopo High Court, Polokwane
Case number
7107/2017
Judge
M V Semenya

The High Court dismissed an application to set aside SARS’s vote against a business rescue plan, finding the company had not filed required tax returns.

  • Business Rescue
  • Creditor Voting
  • Preferent And Concurrent Claims
  • Income Tax Returns
  • Corporate Restructuring
  • Business-rescue
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Commercial And Corporate [2016] ZAGPPHC 373

Senwes Limited v Zellenhen Boerdery CC and Others; Zellehen Boerdery CC v Senwes Ltd (50799/2015, 50486/2015)

Senwes Limited v Zellenhen Boerdery CC and Others; Zellehen Boerdery CC v Senwes Ltd (50799/2015, 50486/2015) [2016] ZAGPPHC 373 (31 March 2016)

Court
North Gauteng High Court, Pretoria
Case number
50799/2015, 50486/2015
Judge
DS Molefe

The court held that Senwes, a secured creditor, voted bona fide against a business rescue plan that risked its security, and ordered liquidation.

  • Business Rescue
  • Secured Creditor Rights
  • Creditor Voting
  • Liquidation
  • Companies Act
  • Business Rescue Plan
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Commercial And Corporate [2014] ZAGPPHC 688

Copper Sunset Trading 220 (Pty) Ltd v Spar Group Limited and Another (365/2014)

Copper Sunset Trading 220 (Pty) Ltd v Spar Group Limited and Another (365/2014) [2014] ZAGPPHC 688; 2014 (6) SA 214 (LP) (9 May 2014)

Court
North Gauteng High Court, Pretoria
Case number
365/2014
Judge
E.M. Makgoba

The High Court set aside creditors’ rejection of a revised business rescue plan, finding the votes inappropriate and conditionally adopting the plan pending funding.

  • Business Rescue
  • Creditor Voting
  • Companies Act 71 Of 2008
  • Post Commencement Finance
  • Liquidation Vs Rescue
  • Business-rescue
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.