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South Africa Case Law

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Commercial And Corporate [2017] ZAGPPHC 1268

Top Trailers (Pty) Ltd and Another v Kotze (38424/2016)

Top Trailers (Pty) Ltd and Another v Kotze (38424/2016) [2017] ZAGPPHC 1268 (12 December 2017)

Court
North Gauteng High Court, Pretoria
Case number
38424/2016
Judge
Phiyega

The court dismissed a rescission application and held that the business rescue resolution remained invalidly challenged because Kotze, a creditor, was not notified as an affected person.

  • Business Rescue
  • Companies Act Section 129
  • Affected Person Notification
  • Resolution Nullity
  • Creditor Rights
  • Business-rescue
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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.

Source links and collection timestamps are retained alongside the indexed records.