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Commercial And Corporate [2018] ZALMPPHC 28

Mapalakanye and Others, In Re: Mapakanye and Another v Born-to-Protect Security Services (Pty) Ltd and Others (3437/2018)

Mapalakanye and Others, In Re: Mapakanye and Another v Born-to-Protect Security Services (Pty) Ltd and Others (3437/2018) [2018] ZALMPPHC 28 (29 June 2018)

The court found that although it is legally possible to place a company in final liquidation under business rescue, the applicants failed to establish a reasonable prospect that business rescue would succeed. The company had suffered extensive mismanagement, fraud, and asset dissipation, with most contracts cancelled and goodwill lost. The evidence indicated that a liquidator was better equipped to recover assets and protect creditors' interests. The application appeared to be motivated by an attempt to regain control of company funds rather than a genuine prospect of rescuing the business. T…

  • Business Rescue
  • Companies Act Section 131
  • Liquidation Vs Business Rescue
  • Reasonable Prospect Requirement
  • Creditors Interests
  • Gross Mismanagement
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.