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South Africa Case Law

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Commercial And Corporate [2020] ZAGPPHC 13

Daffue v Espach and Others (45341/19)

Daffue v Espach and Others (45341/19) [2020] ZAGPPHC 13 (28 February 2020)

The court found that the applicant failed to establish a reasonable prospect for business rescue, as the property company was not financially distressed and the trading company could not be rescued without access to the property company's assets. The deadlock between shareholders persisted despite the appointment of an independent manager, and the loss of trust and confidence justified liquidation on the just and equitable ground. The applicant did not provide good cause for rescission of the liquidation order, nor did he adequately address the facts set out in the original liquidation applic…

  • Business Rescue
  • Liquidation On Just And Equitable Ground
  • Deadlock Between Shareholders
  • Financially Distressed Company
  • Rescission Of Liquidation Order
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Commercial And Corporate [2020] ZAGPPHC 45

Daffue v Espach and Others (45341/19)

Daffue v Espach and Others (45341/19) [2020] ZAGPPHC 45 (28 January 2020)

The court found that the applicant failed to demonstrate a reasonable prospect of rescuing the companies, particularly as the property company was not financially distressed and the trading company could not operate independently. The deadlock between shareholders persisted despite the appointment of an independent manager, and the lack of trust and confidence justified liquidation on just and equitable grounds. The applicant did not provide good cause for rescission of the liquidation order, and the application for business rescue or rescission was dismissed. The court relied on established…

  • Business Rescue
  • Liquidation Of Solvent Companies
  • Deadlock Between Shareholders
  • Just And Equitable Winding Up
  • Rescission Of Liquidation Order
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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.