Park 2000 Development 11 (Pty) Ltd v Mouton and Others (684/2020)
Park 2000 Development 11 (Pty) Ltd v Mouton and Others (684/2020) [2021] ZASCA 140 (6 October 2021)
The Supreme Court of Appeal found that the appellant's only noteworthy assets had been lawfully sold and transferred to an independent purchaser, and restoring the appellant to its former status of being under business rescue would have no practical effect. The appeal was therefore moot, as there was no longer any live controversy between the parties. The appellant's reliance on Knox N.O. v Mofokeng was misplaced, as the facts were distinguishable and the validity of the sales in execution was not challenged in the court a quo. The court confirmed that section 16(2)(a)(i) of the Superior Cour…
Source excerpt
- Business Rescue
- Sale In Execution
- Mootness
- Superior Courts Act
- Companies Act
- Debenture Redemption