SUMMARY Marais and 56 Others (“Applicants”) were the employees of Shiva Uranium (Pty) Ltd (“First Respondent”) and brought an urgent application in the Labour Court seeking leave to institute legal proceedings against the First Respondent, the employer, which was placed in business rescue on 19 February 2018, in terms of section 113 (1)(b) of the
SUMMARY The Constitutional Court (“CC”) handed down its judgment in an application for leave to appeal against a judgment of the Supreme Court of Appeal (“SCA”), regarding the question as to whether a business rescue practitioner enjoys a “super preference” over all creditors, whether secured or not, during liquidation proceedings, in terms of the Companies
SUMMARY Dr BJ de Klerk (“De Klerk“) and Mr MJ Ferreira (“Ferreira“) held equal membership interests in Plantsaam Bestuurdienste CC (“Plantsaam“) and equal shares in Benjo Eiendomme (Pty) Ltd (“Benjo”) (herein collectively referred to as the “Entities”). De Klerk and Ferreira were the only members and shareholders of the Entities.   Certain agricultural land was
SUMMARY The following case discusses an Appeal before the Takeover Special Committee, with regards to a long running dispute between companies Aton GmbH and Aton Austria Holding GmbH (“Aton”), as well as the Board of Murray & Roberts Holdings Ltd (hereafter “M&R”). According to section 119 of the Companies Act 71 of 2008 (hereafter “Companies
SUMMARY During July 2003, the first appellant, Motala, being one of the joint liquidators of Cement Board Industries (Pty) Ltd (“CBI”), instituted an action, along with his colleagues and fellow joint liquidators, against the fifth respondent, Boake Incorporated (“Boake”), and the sixth respondent, Mr Kevin Wiles (“Wiles”). The action was still ongoing in August 2010
By Maike Gohl, Associate and Charlotte Clarke, Candidate Attorney   Introduction This article examines the case of Kythera Court v Le Rendez-Vous Cafe CC and Another 2016 (6) SA 63 (GJ), which deals with the eviction of a close corporation undergoing business rescue proceedings in terms of s 129 of the Companies Act, 71 of