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The legal nature of the "practitioner's consent" referred to in section 134(1)(C) and section 134(2)

South Africa - May 28 2015 Section 134 of Act 71 of 2008 is extremely important because it is there to protect the interests of both the company in business rescue and the...

Insolvency enquiries master of the High Court

South Africa - March 31 2015 Judge Megarry in Re Rolls Razor Limited, aptly describes the necessity of insolvency enquiries: “The process is needed because of the great...

Reflections by a court on whether a creditor's vote is appropriate or inappropriate

South Africa - August 25 2014 One of the first cases involving the operation of section 153(1)(a)(ii) of the Companies Act 71 of 2008 is the matter of Copper Sunset Trading 220...

Liquidation applications on a disputed tax debt and the applicability of section 177(3) of the Tax Administration Act 28 of 2011

South Africa - July 31 2014 Judge Andre van Niekerk handed down an interesting judgment in the High Court of South Africa (North Gauteng Division) on 30 September 2013. In my...

Group companies and the avoiding of subpoenas in terms of sections 417 and 418 of Act 61 of 1973

South Africa - April 30 2014 An interesting judgment was delivered by the Honourable J Majiki on 19 of November 2013 in the Eastern Cape High Court, Port Elizabeth. The first and...