Seaview Developments CC v Cornuti Savoy CC (50247/2021)
Seaview Developments CC v Cornuti Savoy CC (50247/2021) [2024] ZAGPJHC 649 (3 July 2024)
The court found that the applicant had established a prima facie case of indebtedness for arrear rental and municipal charges, and that the statutory demand was properly served for debts due and payable. The respondent failed to provide convincing evidence of solvency or to dispute the debt on bona fide and reasonable grounds. The business rescue application was not 'made' as required by s 131(6) of the Companies Act, because notice was not given to all affected persons, specifically employees, who are presumed to be employees under the Labour Relations Act regardless of contract form. Theref…
Source excerpt
- Provisional Winding Up
- Business Rescue
- Statutory Demand
- Insolvency Presumption
- Affected Persons Notice