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South Africa decisions
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Tayob N.O and Others v City of Matlosana Local Municipality (1483/20) [2023] ZANWHC 95 (21 June 2023)
The High Court stayed the main proceedings and ordered that the section 133 business rescue moratorium question be determined first in a separate application.
Actom (Pty) Ltd v Acton Repair Services (Pty) Ltd and Another (2022/11271) [2022] ZAGPJHC 235 (19 April 2022)
The High Court held that the lease had been validly cancelled despite business rescue and ordered eviction of the first respondent from the premises.
Lockstock Investments (Pty) Ltd and Others v Peter Van Den Steen NO and Others (2020/12079) [2021] ZAGPJHC 896 (10 August 2021)
The court held that Lockstock had to obtain leave under section 133 before the BRPs were required to answer, and service on all affected parties had to be completed.
Nathan and Another v Nathan and Others (D1322/2021) [2021] ZAKZPHC 39 (30 June 2021)
The court found that the applicants lacked locus standi as they were not affected persons under section 128(1)(a) of the Companies Act. Their interest as beneficiaries of a trust holding shares in the company was insufficient to confer standing. The application was further defective for failing to seek leave to institute proceedings in a separate substantive application as required by section 133(1)(b). The applicants did not present a well-motivated application addressing the relevant factors, including the interests of creditors and employees, the impact on the company's financial health, a…
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Marques and Others v Group Five Construction (Pty) Ltd and Others (D1051/19) [2019] ZALCJHB 330; (2020) 41 ILJ 677 (LC) (25 July 2019)
The Labour Court dismissed an urgent bid for immediate severance pay from employees retrenched during business rescue, holding it lacked jurisdiction to uplift the statutory moratorium.
Razzmatazz Trading Investment 19 (Pty) Ltd v Q-Civils (Pty) Ltd and Another (6115/2016) [2017] ZAFSHC 242 (7 December 2017)
The High Court granted leave to proceed with a liquidation application against a company in business rescue and issued a provisional liquidation order.
Strocam Projects (Pty) Ltd v Management Information Technology (Pty) Ltd t/a Ivor Lee and Associates (35757/12) [2017] ZAGPPHC 350 (30 March 2017)
The court held that section 133(1)(b) of the Companies Act does not require a substantive application for leave to proceed with legal proceedings already commenced prior to business rescue. Requiring a separate application would result in an absurdity and unduly infringe the respondent's right of access to court, especially given the history of the matter and previous postponements. The applicant had admitted liability and offered settlement, and did not seek a postponement. On the issue of lis pendens, the court found that no special plea was raised and the causes of action in the liquidatio…
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