South Africa Case Law

Zephan Properties (Pty) Ltd and Others v PLG Affected Creditors Group and Others (044345/2023)

Zephan Properties (Pty) Ltd and Others v PLG Affected Creditors Group and Others (044345/2023) [2024] ZAGPPHC 1037 (7 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

044345/2023

Judge

SJ Cowen

The court upheld a Rule 30A challenge in part, requiring the applicants to cure defects in authority and citation, while postponing the main application sine die.

• Business Rescue
• Joinder Of Parties
• Citation Of Parties
• Authority Of Attorney
• Rule 7 Dispute
• Rule 30a Irregular Steps

Ace Films Corporation v Mimosa Rolprent Produksies (Pty) Ltd (In Liquidation) and Others (21717/2023)

Ace Films Corporation v Mimosa Rolprent Produksies (Pty) Ltd (In Liquidation) and Others (21717/2023) [2024] ZAWCHC 123 (7 May 2024)

Court

Western Cape High Court, Cape Town

Case number

21717/2023

Judge

Golden

The Court found that Salant's purported reappointment as director of ACE Films Corporation was invalid and unauthorised, as the required written consent from CAT, ACE's sole shareholder, was never given by the liquidators who controlled CAT following Mimosa's liquidation. The liquidators, empowered by a creditors' resolution, lawfully appointed Troskie as director of CAT, and she validly replaced Salant as director of ACE. The written consents and resolutions were properly executed and reflected the wishes of the liquidators. Allegations of fraud and improper purpose by Salant were unsupporte…

Source excerpt

• Authority Of Attorney
• Business Rescue
• Company Directorship
• Liquidation Powers
• Rule 7 Dispute