Kriel NO v Born Free Investments 247 (Pty) Ltd (A41/2017)
Kriel NO v Born Free Investments 247 (Pty) Ltd (A41/2017) [2017] ZAWCHC 122 (13 October 2017)
The court held that the phrase 'subject to the terms of this order' in the final order meant the interim order's provisions continued unless inconsistent with the final order. There was no express exclusion of the moratorium on legal proceedings, and the reporting requirement in paragraph 7.4 did not imply that actions could be instituted without leave. The purpose of the moratorium was to protect the entity under curatorship from disruptive litigation. The omission of certain provisions from the final order did not mean they had fallen away; a sensible interpretation required that essential…
Source excerpt
- Interpretation Of Court Orders
- Curatorship
- Financial Institutions Protection Of Funds Act
- Stay Of Proceedings
- Leave Of Court Requirement