South Africa Case Law

Baba and Another v Janse van Rensburg N.O and Others (2594/2021 ; 22342/2019)

Baba and Another v Janse van Rensburg N.O and Others (2594/2021 ; 22342/2019) [2021] ZAWCHC 288 (17 June 2021)

Court

Western Cape High Court, Cape Town

Case number

2594/2021 ; 22342/2019

Judge

Nel

The court found that the applicants failed to establish any irregularity or legal defect in the conduct of the meetings of creditors and shareholders held on 18 December 2020. The voting interests of Firstrand Bank Limited were correctly calculated in accordance with the Companies Act, and the practitioners' refusal to include intercompany and contingent claims in voting was justified. The practitioners acted in good faith, disclosed all material information, and provided the applicants with opportunities to propose amendments, which were duly considered and voted upon. No breach of fiduciary…

Source excerpt

• Business Rescue
• Creditors Voting Interest
• Commercial Insolvency
• Fiduciary Duties Of Practitioners
• Removal Of Business Rescue Practitioner
• Liquidation Proceedings

Gormley v West City Precinct Properties (Pty) Ltd and Another, Anglo Irish Bank Corporation Ltd v West City Precinct Properties (Pty) Ltd and Another (19075/11, 15584/11)

Gormley v West City Precinct Properties (Pty) Ltd and Another, Anglo Irish Bank Corporation Ltd v West City Precinct Properties (Pty) Ltd and Another (19075/11, 15584/11) [2012] ZAWCHC 33 (18 April 2012)

Court

Western Cape High Court, Cape Town

Case number

19075/11, 15584/11

Judge

Traverso

The court dismissed a business rescue application for West City Precinct Properties and ordered provisional liquidation, finding no bona fide rescue plan or statutory basis.

• Business Rescue
• Company Liquidation
• Secured Creditor Rights
• Creditors Voting Interest
• Moratorium On Debt
• Section 128 Companies Act