business rescue Archives

Business rescue practitioners: Payments voided

by GilesFiles | Feb 10, 2021 | 2020 +, Agriculture, Applications, business rescue, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Legal practitioners, Legislation, Orders, Parties, Sectors, Special pleas, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Reinstating withdrawn review: Business rescue context

by GilesFiles | Jun 24, 2020 | 2020 +, Acting LAC judges, appeal, Appeals, business rescue, Courts, Declaratory, Dispute Resolution (LRL 3), Judges, Jurisdiction and powers, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Refused, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Establishing court jurisdiction: Registered office or principal place?

by GilesFiles | May 19, 2020 | 2020 +, Applications, business rescue, Cause: statute, Common Law, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, OL Rogers, Orders, Rules and practice manuals, Special pleas, Topics, Uniform High Court | 0 |

Mfwethu Investments CC v Citiq Meter Solutions (Pty) Ltd Establishing court jurisdiction requires proof that registered office falls within area after gathering information registered with the CIPC, rather than trying to prove...

Business rescue plan: Unfair dismissal procedure?

by GilesFiles | May 8, 2020 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Associations & corporate bodies, business rescue, Courts, Declaratory, Dispute Resolution (LRL 3), Granted, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rules, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Management, Markets in SA, Operational process -s189A(13), Operational reasons-189A, Orders, Parties, philosophy / economics, Procedural issues, Risks, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions, Urgency | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Business rescue ranking: Preference wage claims?

by GilesFiles | Mar 10, 2020 | 2020 +, Applications, business rescue, Cause: contractual breach, Cause: statute, Common Law, Courts, Declaratory, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Manufacturing, Operation of law, Orders, Parties, Sectors, Severance forfeited, Termination & dismissal (LRL 8), Topics, Trade unions | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Contemplating dismissals necessary: LRA s189A(13) considered

by GilesFiles | Feb 14, 2020 | 2020 +, Applications, Appointed LC judges, business rescue, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Refused, Rules and practice manuals, Sectors, SOEs (State Owned Enterprises), Special pleas, Statutes (LRL 2) - work law, Topics, Trade unions, Urgency | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Process abuse punished: Business rescue and costs

by GilesFiles | Mar 8, 2019 | 2019, Attorney client scale, business rescue, Common Law, Courts, Joinder of parties, Judges, Legal Practice, MJD Wallis, Orders re costs, punitive costs, SCA judges, Supreme Court of Appeal, Topics | 0 |

Van Staden NO v Pro-Wiz (Pty) Ltd Process abuse punished because the SCA was satisfied that a punitive costs order was appropriate because the purpose behind the business rescue application was not to achieve either...

Business rescue jurisdiction: Labour court uplifting moratorium?

by GilesFiles | Oct 5, 2018 | 2018, Appointed LC judges, business rescue, Courts, Dispute Resolution (LRL 3), Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LRA Chpt: 7: s112-184 Dispute resolution, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Arbitration defence exercised: Common law right not extinguished

by GilesFiles | Jun 14, 2018 | 2018, business rescue, Common Law, Courts, High Court, High Court judges, Interpretation and application, Judges, Legal Practice, Legislation, Topics | 0 |

Coalcor Mining (Pty) Ltd v Islandsite Investments 108 (Pty) Ltd Arbitration defence exercised: The high court respected the right to refer the dispute to private arbitration because parties are entitled to determine what matters...

Business rescue dismissals: Based on operational requirements

by GilesFiles | Mar 22, 2016 | 2016, Appointed LC judges, business rescue, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Operational process -s189A(13), Operational requirements-s189, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

Solidarity obo Fourie v Vanchem Vanadium Products (Pty) Ltd; In re: Numsa obo members v Vanchem Vanadium Products (Pty) Ltd (J385/16 & J393/16) [2016] ZALCJHB 106 ; [2017] JOL 37865 (22 March 2016) per Lagrange J. The Labour...

Business rescue: application after final liquidation

by GilesFiles | Jun 1, 2015 | 2015, business rescue, Legislation, Statutes (LRL 2) - work law, Supreme Court of Appeal | 0 |

Ritcher v Absa Bank Limited (20181/2014) [2015] ZASCA 100 (1 June 2015) per Dambuza AJA (Mhlantla, Leach, Pillay JJA and Fourie AJA concurring): SCA Summary: Business rescue – application for business rescue can be made after...

Business rescue: non-compliance with resolution

by GilesFiles | May 27, 2015 | 2015, business rescue, Dispute Resolution (LRL 3), Interpretation and application, MJD Wallis, Organisations (LRL 4), Supreme Court of Appeal | 0 |

Panamo Properties (Pty) Ltd v Nel NO (35/2014) 2015 ZASCA 76 (27 May 2015) per Wallis JA (Navsa ADP, Majiedt and Zondi JJA and Dambuza AJA concurring) In upholding the appeal the Supreme Court of Appeal interpreted and applied...

Category: business rescue