Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

South Africa decisions

Decisions matching the current search

Clear filters
Commercial And Corporate [2018] ZAWCHC 38

Alderbaran (Pty) Ltd and Another v Bouwer and Others (19992/2017)

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…

  • Business Rescue
  • Sale In Execution
  • Section 129 Companies Act
  • Section 130 Companies Act
  • Enforcement Action
  • Good Faith Requirement
Read case analysis

About this LexChat collection

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.