Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
CJ Minaar Beherend (Pty) Ltd and Others v Du Toit N.O and Others (13381/2024) [2025] ZALMPPHC 14 (22 January 2025)
The High Court set aside a business rescue resolution for non-compliance with section 129, found the applicants had locus standi, and awarded punitive costs.
Atlantis Mining (SA) (Pty) Ltd and Others v IPC Coal (Pty) Ltd and Others (38308/2017) [2019] ZAGPPHC 152 (10 May 2019)
The applicants established locus standi as creditors of IPC Coal, with their claims supported by admissions and insufficiently disputed by the Sixth Respondent. The resolution to voluntarily commence business rescue proceedings was invalid, as winding-up proceedings had already been initiated and a provisional order granted, suspending the board's powers. Even if the winding-up application was withdrawn, the applicants' counter-application predated and barred the resolution. The Sixth Respondent's reliance on a moratorium under section 133 was misplaced, as business rescue proceedings had not…
Source excerpt
Alderbaran (Pty) Ltd and Another v Bouwer and Others (19992/2017) [2018] ZAWCHC 38; [2018] 3 All SA 71 (WCC); 2018 (5) SA 215 (WCC) (22 March 2018)
The court found that the first resolution to commence business rescue was procedurally defective, lacking a sworn statement and proper notice to affected persons as required by the Companies Act. The timing and conduct of the applicants indicated an abuse of the business rescue process, motivated by a desire to prevent enforcement of a valid judgment rather than genuine financial distress or prospects of rescue. The second resolution was a nullity, as business rescue initiated by the first resolution remained operative until set aside by the court. The court held that it was just and equitabl…
Source excerpt
Explore more
