Makhopa and Others v Master of the High Court Polokwane and Others (6791/2021)
Makhopa and Others v Master of the High Court Polokwane and Others (6791/2021) [2021] ZALMPPHC 71 (19 October 2021)
The court found that the first creditors meeting was unlawfully convened while business rescue proceedings were still pending, in contravention of section 131(6) of the Companies Act. As a result, all decisions made at that meeting, including the rejection of the applicants' claims and the appointment of final liquidators, were irregular and unlawful. The applicants were deprived of their statutory rights to prove claims, participate in the appointment of liquidators, and interrogate other creditors. The requirements for interim relief were satisfied: the applicants established a prima facie…
Source excerpt
- Interim Interdict
- Company Liquidation
- Creditors Meeting Irregularity
- Proof Of Claims
- Business Rescue Suspension
- Appointment Of Liquidators