Taljaard and Another v Botha N.O and Others (1094/2022)
Taljaard and Another v Botha N.O and Others (1094/2022) [2023] ZANCHC 54 (25 August 2023)
The court found that the appeal was moot because the creditors, at properly convened meetings, had validly passed resolutions extending the powers of the liquidators and trustees, rendering the declaratory order of 13 December 2022 of no practical effect. Statutory requirements for notice and publication were met, and there was no legal obligation to notify interested parties by email. The extension of powers was not the subject of the appeal to the Supreme Court of Appeal, and thus the jurisdiction of the court under section 18(4) of the Superior Courts Act was not engaged. Even if the decla…
Source excerpt
- Liquidation Proceedings
- Powers Of Liquidators
- Business Rescue
- Suspension Of Orders Pending Appeal
- Creditors Meetings
- Exceptional Circumstances Under Superior Courts Act