Strocam Projects (Pty) Ltd v Management Information Technology (Pty) Ltd t/a Ivor Lee and Associates (35757/12)
Strocam Projects (Pty) Ltd v Management Information Technology (Pty) Ltd t/a Ivor Lee and Associates (35757/12) [2017] ZAGPPHC 350 (30 March 2017)
The court held that section 133(1)(b) of the Companies Act does not require a substantive application for leave to proceed with legal proceedings already commenced prior to business rescue. Requiring a separate application would result in an absurdity and unduly infringe the respondent's right of access to court, especially given the history of the matter and previous postponements. The applicant had admitted liability and offered settlement, and did not seek a postponement. On the issue of lis pendens, the court found that no special plea was raised and the causes of action in the liquidatio…
Source excerpt
- Business Rescue Proceedings
- Section 133 Companies Act
- Lis Pendens
- Discovery And Rule 35
- Leave To Appeal