ALG Boerdery (Pty) Ltd and Another v Van Heerden and Others (2699/2023)
ALG Boerdery (Pty) Ltd and Another v Van Heerden and Others (2699/2023) [2023] ZAWCHC 145 (14 June 2023)
The court found that the documents requested by the respondents under rule 35(14) are neither essential nor material to the determination of the issues in the main application, which concern the validity of the appointment of a director, the business rescue resolution, and the appointment of the business rescue practitioner. The documents sought post-date the impugned events and cannot be relevant to their determination. Discovery in motion proceedings is exceptional and should only be granted where the documents are necessary for the fair determination of the case. The respondents' attempt t…
Source excerpt
- Discovery In Motion Proceedings
- Business Rescue
- Companies Act
- Rule 35 14
- Director Appointment
- Nullity Of Board Resolution