business rescue Archives

Business rescue proceedings: Powers of directors

by GilesFiles | Jun 30, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, business rescue, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Finance, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Management, Managerial prerogative, Orders, Parties, SCA judges, Sectors, Statutory, Supreme Court of Appeal, 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,...

Successfully reviewing rulings: Jurisdiction lacking

by GilesFiles | Jan 5, 2024 | 2020 onwards, business rescue, Causes and defences, Central, Costs, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Restructuring, Review tests, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Topics, Transport & communication | 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 practitioners: Payments voided

by GilesFiles | Feb 10, 2021 | 2020 onwards, Agriculture, Applications, business rescue, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, 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Reinstating withdrawn review: Business rescue context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 onwards, Appeals, Appeals - leave, business rescue, Courts, Declaratory, Disallowed, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Sectors, Statutes (LRL 2)-work, 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,...

Supervision and business rescue: Management and control

by GilesFiles | Jun 3, 2020 | 2020 onwards, Applications, business rescue, Causes and defences, Consumer protection, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, High Court, High Court judges, Hospitality, Impossibility or illegality, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Private enterprises, Sectors, Special pleas, Statutory, Termination (LRL 8), Topics, Urgency | 0 |

Matshazi v Mezepoli Melrose Arch (Pty) Ltd Supervision and business rescue and high court rejected the contention that the applications were brought for an ulterior purpose in order to wrest control from the current management...

Establishing court jurisdiction: Registered office?

by GilesFiles | May 19, 2020 | 2020 onwards, Applications, business rescue, Causes and defences, Courts, Declaratory, Exceptions/special pleas, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, OL Rogers, Orders, Rules Codes & Manual, Special pleas, Statutory, Topics | 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 onwards, André van Niekerk, Applications, Associations/corporates, business rescue, Courts, Declaratory, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Management, Markets in SA, Operational reasons, Orders, Parties, philosophy / economics, Risks, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Termination (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 onwards, Applications, business rescue, Causes and defences, Contractual breach, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Manufacturing, Operation of law, Operational reasons, Orders, Parties, Sectors, Severance pay, Statutory, Termination (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 onwards, Applications, business rescue, Courts, Declaratory, Exceptions/special pleas, GN Moshoana, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Operational reasons, Orders, Parties, Refused, Rules Codes & Manual, Sectors, Special pleas, State Owned Enterprises, Statutes (LRL 2)-work, 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, business rescue, Causes and defences, Costs, Courts, Joinder, Judges, Legal Practice, MJD Wallis, 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, business rescue, Courts, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, MPN Nkutha-Nkontwana, Sectors, Statutes (LRL 2)-work, 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 rights?

by GilesFiles | Jun 14, 2018 | 2018, business rescue, Causes and defences, Courts, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, RM Keightley, 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...

Category: business rescue