Chief Executive Officer, Northern Cape Liquor Board v Reed (1179/2018; 731/2018) [2024] ZANCHC 10 (9 February 2024)
Court
Northern Cape High Court, Kimberley
Case number
1179/2018; 731/2018
Judge
Eillert
The High Court held that Joseph Reed validly withdrew two proceedings under Rule 41 before the stay application could proceed, striking the stay application from the roll.
Utopia Trade Investments (Pty) Ltd v Stoneridge Investments (Pty) Ltd and Others (Leave to Appeal) (D9264/2018) [2023] ZAKZDHC 4 (27 January 2023)
Court
Kwazulu-Natal High Court, Durban
Case number
D9264/2018
Judge
Mathenjwa AJ
The court found that the applicant failed to demonstrate reasonable prospects of success or any compelling reason for leave to appeal. The sale of business was implemented to facilitate rehabilitation in line with the objectives of business rescue, and the business rescue plan did not explicitly prohibit such a sale. The settlement agreement constituted a compromise, even if the sale of business was invalid. The facts of this case were distinguishable from Shabangu v Land and Agricultural Development Bank of South Africa, as there was a dispute regarding the validity of the original agreement…